West Bengal Post Poll Violence: Calcutta High Court Takes On Record Status Reports Filed By CBI, SIT; Next Hearing On Jan 24

The Calcutta High Court on Monday 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 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 a SIT had been constituted to investigate other criminal cases related to post-poll violence. 

A Division Bench headed by Chief Justice Prakash Shrivastava was apprised by the SIT that a total of 689 cases had been registered across the State of West Bengal out of which investigation is pending only in 10 cases. Furthermore, the Court was informed that charge sheets have been filed in 573 cases and closure reports have been filed in 69  cases. 

The counsel appearing for the SIT further informed the Court that investigation in the remaining 10 cases would be completed within a month. Accordingly, the Court observed in the order, "Learned counsel for the SIT is directed to file report in respect of the remaining 10 cases". 

Additional Solicitor General Y.J Dastoor appearing for the CBI apprised the Bench that a total of 52 cases had been registered by the CBI out of which 2 cases had been handed over to the SIT. Furthermore, the ASG submitted that in 10 cases inquiry had been completed and charge sheets had been filed whereas 38 cases are still under investigation.  Accordingly, the Court directed the CBI to file an additional status report with respect to the remaining cases under investigation on the next date of hearing. 

During the proceedings, counsels appearing for the petitions raised a grievance that although complaints had been filed by victims of post poll violence, they were unaware of the outcome of such complaints. Taking cognisance of the grievance raised, the Court further directed, 

"Learned counsel for the SIT and CBI are directed to place on record the information available with them about the action taken and the status of complaint of each of the petitioner in the writ petitions listed today."

During the proceedings, advocate Priyanka Tibrewal appearing for one of the petitioners submitted a supplementary affidavit before the Court wherein it has been contended that 54 factory workers in Shyamnagar, West Bengal were not being allowed to return to their workplace as local goons had been threatening them. She further argued that in many such cases there have been allegations of murder and thus such cases should be handed over to the CBI pursuant to the Court's earlier directions. 

On the other hand, Advocate General S.N Mookherjee submitted that the matter pertains to an industrial dispute between the management and the workers and would therefore not fall within the purview of cases relating to post poll violence. The Advocate General further apprised the Bench that he had already sought a report from the concerned Director General of Police (DGP) in this regard and accordingly prayed for 2 weeks time to provide further information to the Court. Accordingly, the Court directed the AG to submit an affidavit-in-opposition in this regard before the next date of hearing. 

On September 29, the Supreme Court had issued notice in the petition filed by the State of West Bengal challenging the High Court's direction for CBI investigation into cases of murder, rape and crimes against women which allegedly took place during the post-poll violence in West Bengal. A bench comprising Justices Vineet Saran and Aniruddha Bose had observed that the State of West Bengal through its counsel Senior Advocate Kapil Sibal has made out a prima facie case for issuance of notice.

The matter is slated to be heard next on January 24. 

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

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