Alleged Attack On West Bengal CM Mamata Banerjee: Plea In Calcutta High Court Seeks CBI/Other Central Agency Probe Into The Incident

The Petition has been moved by three lawyers Shubham Awasthi, Akash Sharma and Sapta Rishi Mishra through Advocates Bibek Narayan Sharma & Debanjan Mukherjee, and Union of India, State of West Bengal, the Election Commission of India, and the Central Bureau of investigation (CBI) have been impleaded as respondent parties.

It may be noted that earlier, the petitioners filed a similar plea before the Supreme Court seeking issuance of guidelines and directions for investigation of future similar incidents which affect the Electoral machinery, to uphold the basic tenet of free, fair, and transparent elections in the Country.

However, the Apex Court declined to entertain this plea filed seeking directions to CBI to investigate the incident injuring West Bengal's Chief Minister Mamata Banerjee. A three-judge Bench led by CJI had granted the petitioners liberty to withdraw the plea and approach the Calcutta High Court.

Plea before the Calcutta High Court

The plea states that such an attack on a Constitutional Functionary violates the idea of a free and fair election and has given free rein to Political Parties to influence voters and that since the alleged attack, the atmosphere in West Bengal had become one filled with allegations and counter-allegations by different political parties.

"The ruling party TMC has claimed that there exists a 'deep-rooted conspiracy against it and the BJP has called for an investigation. The air in West Bengal is filled with the parties spewing vitriol against each other and the present Petition would benefit all the citizens of India who believe that their right to vote ushers in participative democracy," the plea states.

The plea also states that poll violence is anathema to the idea of free and fair elections and need to be investigated in order to nib them in toto and achieve the goals which guide the functioning of a democracy.

According to the petitioner, if the investigation is not allowed it would create difficulties as any constitutional functionary could allege an attack to garner such sympathy which might result in them gaining votes.

The plea submits that the Election Commission was targeted for making changes that led to the happening of the incident. The incident has created a new wave of sympathy and shock and awe among people and dissipated the image of the Election Commission of India.

Further, it has been argued that in absence of any future guidelines to regulate such incident, the elections would continue with such tricks being employed by different political parties and may result in a scenario where no candidate is safe.

Prayers in the plea

• Direction to the respondents to come up with the investigation and publish the Findings as soon as possible.
• Issue directions for the creation of guidelines to handle such incidents in the future
• Issue directions for the creation of a temporary body with extensive powers to look into election violence and punish the perpetrators.
• Issue directions enhanced punishments for violence.