'Gravity Of The Offence': Calcutta High Court Rejects Anticipatory Bail Plea Of Mamata Banerjee's Polling Agent Sheikh Sufiyan In WB Post Poll Violence Case

The Calcutta High Court on Monday rejected the anticipatory bail plea moved by TMC leader Sheikh Sufiyan in the West Bengal post-poll violence case currently being probed by the Central Bureau of Investigation (CBI). Notably, Sufiyan was the polling agent of West Bengal Chief Minister Mamata Banerjee in Nandigram for the 2021 West Bengal Assembly elections.

Chief Minister Banerjee had lost the Nandigram seat to BJP's Suvendu Adhikari in the Assembly elections that took place in May 2021. However, subsequently in October 2021 the Chief Minister had won the Bhabanipur Assembly bypoll against BJP leader Priyanka Tibrewal. 

A Division Bench comprising Justices Debangsu Basak and Bibahas Ranjan De observed on Monday, 

"Considering the gravity of the offence and considering the materials in the case diary and considering the statement recorded under Section 164 of the Code of Criminal Procedure, implicating the petitioner in the incident and considering the fact that the CBI is conducting the investigation pursuant to the order passed by the Full Bench and considering the fact that the investigations are yet to be concluded, we are unable to grant anticipatory bail to the petitioner"

Pertinently, the High Court vide order dated August 19 had directed the CBI to conduct investigation of cases related to murder, rape and crime against women that had allegedly taken place in the aftermath of the declaration of election results. A Special Investigation Team (SIT) had also been constituted by the Court to investigate cases other than murder, rape and crimes against women that had allegedly taken place post the declaration of the West Bengal assembly elections in May 2021. On September 29, the Supreme Court had issued notice in the petition filed by the State of West Bengal challenging the High Court's direction for CBI investigation into cases of murder, rape and crimes against women which allegedly took place during the post-poll violence in West Bengal. 

Sufiyan is an accused in the murder case of BJP worker Debabrata Maity. Maity was allegedly attacked by Trinamool Congress (TMC) workers on May 3, a day after the West Bengal Assembly poll results were announced. He succumbed to his injuries at SSKM Hospital in Kolkata on May 13. Sufiyan was summoned by the CBI back in September 2021 in connection with his alleged involvement in the murder case of Maity. 

The Division Bench noted that the CBI had submitted a charge sheet on October 5, 2021 retaining the right of further investigation and filing a further charge sheet. Thereafter, in the charge sheet submitted on October 5, 2021, the CBI did not name Sufiyan as one of the accused, the Bench noted further. 

However, after coming across statements recorded under Section 164 of the Code of Criminal Procedure (CrPC) and also the statement recorded under Section 161 of the CrPC , the CBI had implicated Sufiyan as one of the principal persons involved in the alleged incident. On this ground, the CBI has opposed the prayer for anticipatory bail of the petitioner, the Court noted further. 

Additional Solicitor General (ASG) Y.J. Dastoor appearing for the CBI further opposed the anticipatory bail plea by submitting that the atmosphere was 'vitiated' prior to the CBI taking over the charge of the investigation. He stated further that it is subsequent to the CBI taking over the investigations that the concerned persons had come forward to name the accused. He further apprised the Bench about the gravity of the offences and the involvement of the petitioner as envisaged in the case diary. 

The counsel appearing for the de facto complainant further contended that the petitioner is an influential person. He informed the Court that the State had withdrawn three murder cases against him, immediately before the Assembly Election of 2021. Thereafter a Public Interest Litigation (PIL) had been filed before the Division Bench and the criminal proceedings were subsequently reinstated. However, against such an order of the Division Bench, a Special Leave Petition was preferred before the Supreme Court and the Supreme Court had directed the Division Bench to re-hear the matter. 

On the other hand, senior advocate Kishore Datta appearing for the petitioner submitted that the petitioner has been roped into the criminal complaint on the basis of a political vendetta. He informed the Bench that the petitioner had not been named in the charge sheet submitted by the CBI. He further contended that the CBI is now seeking to take advantage of the statement recorded and that there are other unnamed persons mentioned in the charge sheet. He also pointed out that the CBI did not take into account the call details of the petitioner's mobile or the tower location of the petitioner's mobile phone at the relevant time.

Pursuant to a perusal of the rival submissions, the Court observed, 

"The application for anticipatory bail being CRM 6887 of 2021 is, thus, rejected."

Case Title: Sk. Supiyan @ Suffiyan @ Supisan v. CBI 

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