Supreme Court Issues Notice On CBI's Plea To Transfer Trial Of Post-Poll Violence Cases Out Of West Bengal

The order was passed by a single-judge bench of Justice Sanjay Karol in response to a transfer petition filed by the Central Bureau of Investigation (CBI), seeking to relocate the cases outside of West Bengal due to concerns of witness intimidation and threats to the course of justice.

The central agency, in its petition, has alleged witness and counsel intimidation, highlighting their detrimental impact on the judicial process. The CBI has argued that judicial intervention is required since no action has been taken despite complaints lodged with state authorities.

The CBI also referred to a report of the National Human Rights Commission recommending trial of all cases investigated by the CBI to be held outside the State (West Bengal).

Issuing notice on CBI's plea returnable on March 11, the bench issued a stay on further trial proceedings in the cases specified in the probe agency's petition. Response has not only been sought from the West Bengal government, but over 400 respondents impleaded in the action. At Additional Solicitor General SV Raju's request, these respondents will be served through the standard procedure as well through publication in local newspapers. The court's directive also mandates the Director General of Police, West Bengal, to ensure compliance with the order and submit a personal affidavit confirming adherence.

The genesis of this judicial intervention can be traced back to the aftermath of the 2021 state assembly elections in West Bengal, marred by allegations of post-poll violence and widespread unrest. Amidst reports of displaced individuals being denied the right to return to their homes, the Calcutta High Court had ordered the formation of a committee to address the situation. Subsequently, a National Human Rights Commission (NHRC) committee submitted a report accusing the ruling party of orchestrating a 'law of ruler' regime, rather than upholding the rule of law.

The NHRC report recommended that serious offenses, including murder and rape, be investigated by the CBI and tried outside the state to ensure impartiality. However, the West Bengal government has consistently questioned the NHRC report, expressing concerns about its impartiality and validity.