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Synopsis

The Supreme Court on December 4, 2024, directed transfer of investigations into two FIRs lodged against advocate and BJP spokesperson Kabir Shankar Bose to the Central Bureau of Investigation (CBI). The decision came in light of Bose's allegations of political bias and misuse of state machinery in the handling of the case by the West Bengal police.

Bose claimed that the FIRs were part of a vendetta orchestrated by his ex-father-in-law, Kalyan Banerjee, a Trinamool Congress (TMC) MP from Serampore, following a contentious divorce in 2018.

The bench, comprising Justices Pankaj Mithal and B.V. Nagarathna, acknowledged the charged political atmosphere in West Bengal and the potential for bias in local investigations.

"Looking to the facts of this case particularly, that respondent No. 7 is a parliamentarian from the ruling party in the State of West Bengal and that the petitioner belongs to the ruling party at the Centre, the politically charged atmosphere in the State of West Bengal may not be very conducive to a fair investigation being conducted in the instant case," said the bench.

Rejecting Kalyan Banerjee's argument that Kabir Shankar Bose’s petition should be dismissed due to the non-joinder of the complainants as respondents, the Supreme Court clarified that entrusting an investigation to a particular agency falls within the court's discretion, guided by sound legal principles. The bench further observed that the presence of complainants or informants was not essential for the court to decide on transferring the investigation.

"We do not feel that any prejudice would be caused to either of the parties if the investigation is conducted by an independent agency other than the State police," the bench said.

The bench also said the case involved the investigation of the role of CISF or its personnel which could not be left in the hands of the local police also for reasons of conflicting interests. "Thus, in our view, it is not appropriate to permit the local police to examine the conduct of CISF personnel in the instant case," the bench opined.

On a writ petition filed by Bose, a three-judge bench had on January 13, 2021, stayed the investigation into the two FIRs registered with Police Station Serampore, West Bengal for offences of assault, attempt to murder and molestation.

Before the present bench, Bose sought a direction to transfer the investigation in pursuance of the above FIRs to any independent agency other than the local police, namely, the CBI or Special Investigation Team.

"Ordinarily we would have relegated the petitioner to the High Court to seek appropriate remedy in connection with the reliefs claimed here in this petition but we refrain from doing so after the petition had been entertained and the parties have exchanged the necessary pleadings which are sufficient to adjudicate the matter on merit," the division bench said.

It was Bose's case that he got married to the daughter of Banerjee on November 18, 2011, but the marriage could not last and it was dissolved on March 6, 2018, in view of settlement.

On January 11, 2019, he was granted CISF security owing to political vendetta and threats extended to him allegedly by the State Government and his ex-father-in-law.

On December 06, 2020, Bose claimed that his house and car were surrounded by 200 Trinamool Congress goons when he was about to leave his house at Serampore along with CISF security guards. He claimed that his life was saved by his guards who also suffered injuries in the melee to protect him.

He alleged that the local police failed to take any action, rather, under political pressure, an FIR was registered against him at the behest of one Santosh Kumar Singh alias Pappu Singh on December 07, 2020, with Police Station Serampore, West Bengal under Sections 341, 323, 325, 326, 307, 354, 504, 506, 34 IPC.

This was followed by another FIR on the same day with Police Station Serampore, West Bengal under Sections 341, 325, 354A, 34 IPC which was lodged by a woman.

Before the top court, in an affidavit, the CISF supported Bose's claims and stated that an unruly crowd led by Banerjee gathered in front of Bose's house on the above-mentioned date and tried to manhandle him and the accompanying CISF personnel.

CISF submitted that the crowd resorted to use of blunt objects in which one of the CISF personnel Mahesh Singh sustained minor injuries. The CISF personnel took Bose to a shelter of the premises on the second floor. Bose was kept in a separate flat above his own flat under CISF security. The local police, present at the scene, did not permit the CISF reinforcement team which had arrived from Kolkata led by two officers namely Vikas Chaudhary and Yadram Yadav to enter the premises. The next day, two FIRs came to be lodged. The local police insisted on Bose's arrest. The CISF personnel deployed with Bose were substantially withdrawn and sent to the CISF headquarters at Greater Noida.

On the other hand, opposing the plea, Banerjee said that on account of the marital discord and as he stood by his daughter, Bose was having a strong grudge against him and was unnecessarily trying to malign him. He claimed that the entire story, as narrated by Bose in the writ petition, was all concocted and fabricated. The petition is misconceived and is liable to be dismissed, he submitted.

The court noted that the political scenario in West Bengal was apparently opposed to the party in power at the Centre, and there was no denial of the alleged incident involving CISF officials attached to the petitioner.

"In view of admitted position, the possibility that the petitioner may not get a fair investigation at the hands of the local police or that the local police may not behave cordially with him in the course of investigation may not be baseless and cannot be brushed aside outrightly or lightly," the bench said.

The court, however, added it was conscious of the legal position that no party, either the accused or the complainant/informant, was entitled to choose the investigating agency or to insist for investigation of a crime by a particular agency.

"The power to transfer an inquiry or a trial is exercised through the intervention of the constitutional courts in exceptional circumstances and the constitutional courts are expected to use the said extraordinary power sparingly, cautiously and in exceptional situation where it becomes necessary to provide credibility and instil confidence in the investigation or where the incident may have national or international ramifications or where it is necessary for doing complete justice and enforcing fundamental rights," the bench said.

In this regard, the court cited the State of West Bengal Vs Committee for Protection of Democratic Rights (2010).

It also pointed out that it is well recognised that investigation should not only be credible but also appear to be credible.

"Even otherwise, the law requires that justice may not only be done but it must appear to have been done. Thus, following the dictum, to ensure a fair investigation in the matter, there appears to be weight in the argument of the counsel for the petitioner to transfer the investigation in relation to the two FIRs to an independent agency, more particularly keeping in mind the factual background and circumstances of the case," the bench said.

Therefore, considering the peculiar facts of the case, the bench issued a writ of mandamus to the West Bengal police to handover the investigation pursuant to the two FIRs to the CBI along with all records, for its completion so that, "if necessary, the trial may commence and justice is done to the parties".

Case Title: Kabir Shankar Bose Vs State of West Bengal & Ors