Breaking: Birbhum Massacre| Calcutta HC Takes On Record CBI Report, Reserves Order In Plea Seeking CBI Probe Into Murder Of TMC Leader Bhadu Sheikh

The Calcutta High Court on Thursday took on record the preliminary report submitted by the Central Bureau of Investigation (CBI) in the investigation into the violence in Birbhum district of West Bengal, in which 8 persons were killed allegedly in retaliation to the murder of local All India Trinamool Congress (TMC) leader Bhadu Sheikh. 

The Court reserved its order in a batch of pleas seeking a CBI probe into the murder of TMC leader Bhadu Sheikh as well. 

The Court vide order dated March 25 had ordered a CBI probe by opining that such a direction was required in the interest of justice and to instill confidence in the society and to have a fair investigation in order to 'dig out the truth'. 

The State constituted Special Investigating Team (SIT) had also been ordered to not carry out any further investigation in the matter. The Court had earlier initiated a suo motu case to consider the issue. 

A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj on Thursday took on record the preliminary report submitted by the CBI in a sealed cover pursuant to the Court's earlier directions. 

The counsel appearing for the CBI apprised the Bench that latest technology is being used in the investigation such as tower damping technology and that the CBI is in receipt of date through the usage of such technology. 

A host of applications had been moved before the Bench on Thursday seeking for a CBI probe into the murder of local TMC leader Bhadu Sheikh. The concerned counsels submitted before the Court that the murder of Bhadu Sheikh and the consequent massacre were invariably linked and thus the agency should conduct a holistic investigation. 

Additional Solicitor General Y.J Dastoor appearing for the CBI submitted that the CBI is willing to investigate the murder of Bhadu Sheikh but he however expressed concerns that vital evidence may have been destroyed by now due to such a delayed plea for a CBI probe. He further averred that people have been visiting the house of Bhadu Sheikh and thus vital clues may have been lost due to such interference. 

Advocate General S.N Mookherjee appearing for the State government pointed out to the Court that out of the 4 petitions filed initially, in 3 of the petitions no prayer had been mentioned for a CBI probe into the murder of Bhadu Sheikh as well. He further informed the Court that the State constituted SIT had not been investigating into the murder of Sheikh before the CBI took over the investigation. 

Pursuant to the rival submissions, the Chief Justice remarked, 

"We will examine the report and upload the order in the server."

He further asked the Advocate General to apprise the Court as to which investigating authority is currently probing the murder of Bhadu Sheikh. 

Pertinently on the last date of hearing, the Court had observed that although the SIT had been constituted on March 22, there had been no effective contribution of the SIT in the investigation. The Court had noted that despite the fact that the police station was situated very close to the place of occurrence, the police had not reached the crime scene on time as a result of which the persons trapped inside the houses were kept on burning. 

Background

The violence in Birbhum's Bogtui village took place following the alleged murder of Bhadu Sheikh, a panchayat leader of the ruling Trinamool Congress. He died after miscreants allegedly hurled bombs at him on March 21. 

Hours later, violence erupted and several houses, including two belonging to the men accused of Sheikh's murder, were allegedly attacked and set on fire resulting in eight deaths, including that of women and children.

The police recovered eight charred bodies, primarily of women and children from the gutted houses in Bogtui village. Three victims were admitted to the local hospital. The death toll currently stands at nine.

Taking cognisance of the violence, the State government had formed a Special Investigation Team (SIT) headed by the additional director general of police (CID), Gyanwant Singh, to probe the incident. However, subsequently, the investigation was handed over to the CBI pursuant to the directions of the Calcutta High Court. 

As part of its investigation, the CBI has reportedly moved a local court on Wednesday to seek permission for conducting polygraph tests on eight people arrested in the case, including TMC leader Anarul Hossain.

According to reports, Chief Minister Mamata Banerjee on Monday gave government jobs to 10 people who were affected in the Birbhum violence.

The National Human Rights Commission (NHRC) has also taken suo motu cognizance of the matter and issued notices to the Chief Secretary and the Director General of Police, West Bengal calling for a detailed report in the matter within 4 weeks including the status for the FIRs registered in the matter, steps taken to ensure safety of the people in the village and any relief or rehabilitation provided by the State Government.

Case Title: The Court on its own Motion In re: The Brutal Incident of Bogtui Village, Rampurhat, Birbhum