[Birbhum Massacre] "Imperative that CBI takes over investigation to dig out Truth": Calcutta High Court

Read Time: 10 minutes

The Calcutta High Court on Friday ordered that the ongoing investigation by the Special investigation team formulated at behest of State Government to probe the Birbhum massacre be taken over by the Central Bureau of Investigation (CBI).

"Having regard to the aforesaid, we are of the opinion that facts and circumstances of the case demand that in the interest of justice and to instill confidence in the society and to have fair investigation to dig out the truth it is necessary to hand over the investigation to the CBI," the Court ordered.

Further to this, the Court has pointed out that it was found upon examination of the case diary that the investigation as expected, keeping in view the gravity of the offence was not done.

A bench of Chief Justice Prakash Srivastava & Rajarshi Bharadwaj ordered that the state offer complete cooperation to the CBI & stated that a status report be submitted to Court on April 7. The Calcutta High Court had taken suo motu cognizance of the horrific killing of 10 people in Rampurhat village in Birbhum district, allegedly, carried out at behest of Trinamool Congress goons in retaliation to the death TMC leader Bahadur Shaikh.

"In view of this order the State police authorities or SIT formed by the State will not carry out any further investigation in the matter from the time the same is handed over to CBI. CBI will not only be handed over the case papers but also the accused and suspects who were arrested in the matter and in custody. Hence, we direct the CBI to forthwith take over the investigation in the case and submit the progress report before us on the next date of hearing," Court ordered

Yesterday, the bench had reserved orders in the case(s) and the state of West Bengal had opposed the handing over of investigation to CBI.

Many Public interest litigants had also approached the High Court, urging the court to take suo motu cognisance of the violence and before Court, they urged that a CBI probe is must in order to keep up the faith of the people in the judicial process.

One of the petitioner's lawyers had compared the violence perpetrated on innocents in West Bengal to the Great Roman Fire. 

"Nero fiddled as Rome burned," the Advocate said.

The Calcutta High Court had earlier directed the State of West Bengal to submit a status report/case diary in the incident of gruesome violence in Birbhum, where homes were set ablaze and 10 persons including women & children were killed by 2 pm tomorrow.

A bench of Chief Justice Prakash Srivastava and Justice Rishiraj Bhardwaj noted that it is pertinent that the "truth comes out", while also ordering for taking adequate measures in protecting witnesses, to make sure that they are neither threatened nor influenced.
At the same time, the State was directed to ensure that the evidence on the spot remains intact issue, issue following directions.
1) State will immediately install video cameras with DVR having sufficient memory covering all angles of scene of occurrence and will do continuous recording until further orders.
2) The team from CFSL, Delhi is directed to visit the spot of incident and collect the necessary material for forensic examination without any delay.

Court ordered,

"Having regard to nature of the incident and its impact on general public as also considering the serious doubt expressed by the petitioners about fairness of investigation by the SIT, and also keeping in mind the object that the investigation should be thorough and truth should come out, though we at the first instance give an opportunity to the State to produce the case diary/ report about the investigation by tomorrow 2 PM"
 

Allegedly, following the killing of Trinamool Congress leader Bahadur Shaikh at Bogtui village in Birbhum district, several houses were set ablaze in Rampurhat early Tuesday in which eight people, including three women and two children, were charred to death.

As per a media report, Najira Bibi, one of those who managed to survive, told that, "we were sleeping and suddenly heard the sound of bombs ... the miscreants set our houses on fire. I managed to escape but don't know what happened to others in the family."

Taking note of the matter, in a video message posted on his official Twitter account, West Bengal Governor condemned the incident and tweeted, "Horrifying violence and arson orgy Rampurhat, Birbhum indicates state is in grip of violence culture and lawlessness. Already eight lives lost. [sic]"

However, Chief Minister Mamata Banerjee has allegedly responded to his comments by saying, "Your statements have political overtones supporting other political parties to browbeat the Bengal government".

It has also been reported that altogether 11 people have been arrested so far, and the West Bengal government has constituted a Special Investigation Team (SIT) headed by Additional Director General (CID) Gyanwant Singh to probe the incident.

Click here to read order