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Supreme Court on Monday put up the case challenging the order of the Calcutta High Court which directed the Central Bureau of Investigation to take over investigation into the post-poll violence cases of serious nature from the state machinery on September 28

A bench of Justice Vineet Saran & Aniruddha Bose inquired as to whom Senior Advocate Mahesh Jethmalani appeared for. Jethmalani said he was appearing for one of the petitioner(s) before Calcutta High Court. On being informed that he was on Caveat, Top Court considered it appropriate that the cases be heard in finality.

All parties have been directed to file any other relevant materials by Friday this week.

The state has approached the Supreme Court thwarting allegations on the independence of CBI.

The plea states that the High Court has acted erroneously by not providing an appropriate opportunity to the State and by relying upon the National Human Rights Commission committee report.

The state government has approached the Apex Court stating, "there is a strong likelihood that the CBI will take immediate steps to persecute public officials in the State for political gains under the guise of purported investigations and under the cover of the Impugned Order."

 

Challenging the order of the Calcutta High Court the plea submits that the order was passed mainly on the basis of the report submitted by a committee set up by the Chairman of the National Human Rights Commission (NHRC) which consisted of either members or close associates of Bhartiya Janta Party (BJP). 

The Calcutta High Court had directed that all cases as per the report of the committee where allegations are murder, crimes against women to be referred to CBI for investigation.

Pronouncing the verdict in West Bengal Post Poll Violence matter, the Calcutta High Court had held that all cases as per report of committee where allegations are murder, crimes against women to be referred to CBI for investigation.

For all other cases, a Special Investigation Team was constituted, comprising West Bengal IPS officers.

The court had also, notably, directed for the State of West Bengal to pay compensation to victims of crime.

CBI & SIT had further been directed to submit status report within 6 weeks, and the State of West Bengal has been ordered to commit cooperation with CBI and other authorities. 

Order by Calcutta HC:

1. All the cases where as per report of the committee, the allegations are of murder of a person and crime against women, shall be referred to CBI for investigation. The Committee, NHRC and any other commission of authority shall immediately hand over entire record of cases to CBI for investigation. It is made clear that it shall be a court monitored investigation and any obstruction shall be viewed seriously.

2. All other cases as have been referred to in the Committee, an SIT is constituted. The team shall consist of IPS Officers of West Bengal Cadre, namely, Suman Bala Saho, Suman Mitra and Ranvir Kumar. It shall be entitled to take assistance of any police officer or any institution for carrying out fair investigation of the cases. It is made clear that it will be a court-monitored investigation. State shall spare their services as and when required and shall not take any adverse action against them without specific permission of court. Working of SIT shall be overviewed by a retired Judge of the Supreme Court for which separate order shall be passed after taking his/her consent and terms of appointment will be decided later on.

3. Notice issued to Rashid Muneeb Khan to show cause as to why contempt proceedings should not be initiated against him shall be dealt with later. As the issues concerning Investigation of the Post Poll Violence cases have been dealt with in terms of above, the matters shall now be referred to a division bench for dealing with other issues in the report and other proceedings.

4. TMC leader’s Partha Bhaumik and Jyoti Priya Malik’s impleadment rejected as they are neither necessary nor proper parties in the proceedings of these cases.

5. Sealed cover submitted by Committee lying with Registrar General shall be handed over to CBI with proper receipt.

6. Immediate action to be taken by state to pay compensation to victims of crime as per policy of state after verification. This shall not debar the victims from applying for compensation under any scheme of the government.

7. Direct CBI & SIT to submit Status report before court within 6 weeks from today.

8. SIT entitled to file application before Court viz. carrying out expeditious and fair investigation. Such an application shall be listed before a division bench.

9. All authorities in state and any other agency to assist the CBI & SIT to conduct fair and free investigation.

10. It is further directed that in case CBI & SIT finds any case not related to post poll violence, same shall be transferred to Police at police station concerned for further investigation and entire record to be handed over.

11. Any Observations made in this order is only for limited purpose to decide on the issue whether investigation is to be handed over to CBI and SIT, nothing observed shall be viewed as an expression on merits of the case.

The verdict was reserved on August 3 in the matter involving a clutch of petitions. 

A 5-Judge Bench comprising Chief Justice (Acting) Justice Rajesh Bindal, Justice I. P. Mukerji, Justice Harish Tandon, Justice Soumen Sen, and Justice Subrata Talukdar pronounced the judgment. 

Case Title: State of West Bengal Vs. Union of India