Calcutta High Court Orders CBI Probe Into Attack On Union Minister Nisith Pramanik's Convoy In Cooch Behar

The Calcutta High Court today transferred the investigation to the CBI in two registered cases with regard to the incident of attack on the convoy of Union Minister Nisith Pramanik on February 25, 2023.

While hearing a Writ Petition filed by Suvendhu Adhikari, an MLA and Leader of Opposition in West Bengal Assembly in relation to the incident, the division bench of Chief Chief Justice Prakash Shrivastava and Justice Rai Chattopadhyay observed:

“Different yardsticks have been applied by the State Police to take action against the workers of two different political parties. A perusal of the case diaries also reveals that investigation is not heading in the right direction... Thus, in the above circumstances of the case and considering the fact that the attack is on the convoy of Union Minister of State and the allegation is in respect of larger conspiracy to cause bodily harm to him, we are of the view that to ensure fair, unbiased and neutral investigation, it is necessary that the investigation is carried out by an independent agency.”

In the petition, it was alleged by Adhikari that two persons - whose names were disclosed in the petition, in a public gathering had instigated the workers belonging to TMC to prevent the movement of Nisith Pramanik, or workers belonging to the BJP at Burirhat, a locality in Dinahata Sub-division of Coochbehar district.

It was stated by Adhikari that in the afternoon of February 25, 2023, when Pramanik was visiting Dinhata Constituency, his car and the convoy was attacked and TMC had started pelting stones and hurling bombs at his convoy and also attacked the BJP workers accompanying the minister.

It was alleged by Adhikari that the police personnel present on the spot took no step to stop the perpetrators.

It was further submitted that incident was part of larger conspiracy to bodily harm the Union Minister of State in the Ministry of Home Affairs. Hence, Adhikari prayed before the court to direct the CBI to cause an investigation into the incident and to deploy adequate Central Paramilitary Forces in the Sub-Division of Dinhata in the District of Coochbehar.

The counsel appearing for Adhikari submitted before the court that provocative speeches of two persons (named in petition) were uploaded on social media and that there was a delay in registering the FIR by the police authorities.

It was further argued that the police authorities are biased in favour of the ruling dispensation in the State, therefore, fair investigation is not possible.

The Additional Solicitor General of India submitted that the report filed by the State indicates that there was an attempt to save the workers of TMC and the Additional Superintendent of Police who has filed the report, is raising the political issue of election and the stand of the police in the report itself is bias.

The court said the nexus between the police and those who are directly or indirectly involved in the incident and who can influence investigation with the police becomes a relevant ground to transfer investigation to the independent agency.

The court noted that the report filed by the Superintendent of Police, Coochbehar supports the allegation that there is an attempt to shift the responsibilities upon the workers of the principal political opposition party in the State.

“It is worth mentioning that the incident took place on 25th of February, 2023. As per the report, the cases were registered on 26th and 27th of February, 2023 and the above report in the form of affidavit is dated 3rd of March, 2023 when even the investigation was at the preliminary stage. Thus, the report itself supports the petitioner’s plea that the State police authorities are not likely to conduct the fair investigation in the matter,” said the court.

It was also noted by the court that a CISF personnel went to lodge a complaint with regard to the incident on February 26, 2023, but the police personnel of Coochbehar district had refused due to which the same could not be registered on February 26, 2023.

“The incident is admitted and is of serious nature relating to the attack on car and convoy of HMoS Union of India. Therefore, non-registration of complaint promptly supports the apprehension in the mind of the petitioner,” it said

Thus, the Court transferred the investigation in two cases- Sahebganj P.S. Case Nos. 62/23 dated February 26, 2023 and 63/23 dated February 27, 2023 to the CBI forthwith. The court further rejected the prayer of the State Counsel seeking stay of the judgement.

Case Title: Sri Suvendhu Adhikari v. The State of West Bengal & Ors

Citation: 2023 LiveLaw (Cal) 82

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