WB Post Poll Violence: Calcutta High Court Takes On Record Latest Status Reports Filed By CBI, SIT; Next Hearing On July 11

The Calcutta High Court on Tuesday took on record the latest status report filed by the Special Investigation Team (SIT) and the Central Bureau of Investigation (CBI) pertaining to the progress of the investigation with regards to the cases of violence that had allegedly taken place post the declaration of the West Bengal assembly elections in May 2021.

The Court vide order dated August 19, 2021 had handed over to the CBI the investigation of cases related to murder, rape and crime against women whereas an SIT had been constituted to investigate other criminal cases related to post-poll violence.

A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajrashi Bharadwaj took on record the seventh status report filed by Additional Solicitor General (ASG) SV Raju on behalf of the CBI. 

The Court also took on record the latest status report filed by the SIT. The counsel appearing for the SIT informed the Bench that 50 cases had been received from the CBI for investigation out of which in 41 cases chargesheets have been filed. 

It was further submitted by the SIT that in 2 cases non-cognisable reports have been filed and in one case final report has been filed. One case pertains to unnatural death and 3 cases are under investigation, the counsel averred further. 

During the proceedings, ASG Raju further submitted that pursuant to the order of the 5 judge Bench of the High Court dated August 19, 2021, the investigation of 2 cases pertaining to the incident of firing by CISF personnel on April 10, 2021, at Sitalkuchi in Cooch Behar district during the West Bengal Assembly polls should be transferred to the CBI. The two cases are- (1) Mathabhanga PS FIR No.180/2021 dated 10.04.2021 and (2) Mathabhanga PS FIR No.181/2021 dated 12.04.2021.

However, Advocate General S.N Mookherjee opposed such a prayer for transfer of investigation by contending that the concerned incident did not take place subsequent to the Assembly polls and is thus not the subject matter of the category of cases that the CBI has been instructed to probe by the 5-judge Bench order of the Court. 

The Bench accordingly directed the State government as well as the CBI to place their respective stand on record before the next date of hearing which is slated to take place on July 11. 

The Court vide order dated April 20, 2022, had constituted a three member committee to conduct an enquiry into the allegation that over 303 victims have been displaced due to the post-poll violence in West Bengal. The Court had constituted a three member committee comprising of the following persons- (i) a member/ nominee of the National Human Rights Commission; (ii) a member/ nominee of State Human Rights Commission; and (iii) Member Secretary, State Legal Services Authority.

 Also Read: CISF Firing In Sitalkuchi : Calcutta High Court Seeks State's Response On CBI's Plea To Take Over Probe From WB CID

Case Title: Anindya Sundar Das v. Union of India and other connected matters

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