BREAKING: Birbhum Massacre| Calcutta HC Orders CBI Probe, SIT Asked To Stop Investigation [Read Order]

The Calcutta High Court on Friday transferred to the Central Bureau of Investigation (CBI) 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 on Wednesday had initiated a suo motu case to consider the issue following which it had reserved its order on Thursday after hearing extensive submissions from the petitioners and the State government. 

A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj on Friday observed that in the interest of justice and considering the circumstances of the instant case, the ongoing probe should be transferred to the CBI. 

"Having regard to the aforesaid we are of the opinion that facts and circumstances of the case demand that in the interest of justice and to instill confidence in the society and to have fair investigation to dig out the truth it is necessary to hand over the investigation to the CBI. Accordingly, we direct the State Government to forthwith hand over the investigation of the case to CBI. We also direct the State authorities to extend full cooperation to CBI in carrying out the further investigation", the Bench ordered. 

The State constituted Special Investigating Team (SIT) which had been carrying on its investigation till now was further ordered to not carry out any further investigation in the matter from the time the same is handed over to CBI.

"In view of this order the State police authorities or SIT formed by the State will not carry out any further investigation in the matter from the time the same is handed over to CBI. CBI will not only be handed over the case papers but also the accused and suspects who were arrested in the matter and in custody", the Court ordered further. 

The CBI has been ordered to submit a progress report on the next date of hearing that is to take place on April 7. 

The Court however clarified that any factual observation made in the order is only tentative for the purpose of deciding the issue of transfer of investigation to the CBI and will not be treated as binding in any other proceeding.

Following the pronouncement of the verdict, Advocate General S.N Mookherjee prayed for a stay of the order. However, such a request was declined by the Court. 

The Court further averred that the 'undisputed shocking incident' has shaken the conscience of the society and that it has nationwide ramifications. 

"We find that the undisputed shocking incident of burning of at least 8 persons including a child and as many as 6 women has shaken the conscience of the society. It has a nationwide ramification and all the national media reports are flooded with the news of this unfortunate incident", the Court remarked. 

No effective contribution of the SIT in the investigation 

Pertinently, the Court observed that although the SIT was constituted on March 22 however till date there has been no effective contribution of the SIT in the investigation. The Court noted that it had been submitted by the petitioners 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 and as a result the persons trapped inside the houses were kept on burning. 

Opining that considering the gravity of the offence, investigation as expected has not been done, the Court underscored, 

"On minute examination of the case diary, we are of the opinion that the investigation as expected, keeping in view the gravity of the offence, has not been done. We are not mentioning the details of lacuna noticed in investigation as it may prejudice the rights of the parties. We also find that this is one such exceptional case where requisite direction is required."

Accordingly, the Court observed that it is essential that expeditious steps are taken to hand over the investigation to an independent investigating agency because there is an allegation of an attempt to wipe off the evidence.

The Court also took into consideration that Additional Solicitor General Y.J Dastoor had submitted that the CBI has no difficulty in carrying out the investigation.

Arguments 

On the last date of hearing, the Court had taken on record the case diary/ report about the investigation into the violence. The Advocate General had informed the Court on Thursday that pursuant to the Court's earlier directions, 31 CCTV cameras have been installed in the scene of the crime and various confidence building measures have also been undertaken. The Court was further apprised that witness protection has also been extended.

Regarding the conduct of post mortem examinations, the Advocate General submitted that all post mortem examinations have been concluded. The Court was further informed that except in one instance, video recording of all other post mortem examinations has been done.

The Court had earlier directed the Central Forensic Science Laboratory (CFSL) at Delhi to visit the the scene of the crime and collect necessary evidence for forensic examination without any delay. Accordingly, the Court was apprised on Thursday by ASG Y.J Dastoor appearing for the Union government that the CFSL team from Delhi would be landing in Kolkata on Thursday evening following which they would proceed to the place of occurrence. He had further averred that 6 CRPF personnel have been directed to provide security to the CFSL team arriving from Delhi.

On the other hand, the petitioners had vehemently argued for the ongoing investigation to be transferred to the Central Bureau of Investigation (CBI) or any other independent investigating agency. Furthermore, they had highlighted that Chief Minister Mamata Banerjee on Thursday had announced a compensation package for the victims which is purported to be an 'act of impersonation of victims' to suppress material facts.

The petitioners had also questioned the inclusion of Gyanwant Singh in the State's Special Investigation Team (SIT) by alleging that Singh had been served notice by the Enforcement Directorate (ED) in 2021 regarding a coal smuggling case. It had also been alleged that no statements of witnesses have been recorded yet. 

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 Monday night. 

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. Seven charred bodies were recovered from one house alone, while one person died of injuries in a hospital in the district.

The police have filed two first information reports, one in connection with Sheikh's death and the second related to the attack on the houses. At least 22 people have been arrested so far in connection with the violence. Eleven of them were held on the day of the incident only.

Taking cognisance of the violence, the State government has formed a Special Investigation Team (SIT) headed by the additional director general of police (CID), Gyanwant Singh, to probe the incident. The Sub Divisional Police Officer and in-charge of Rampurhat police station has also been removed from active policing duty.

The incident has led to a a war of words between the TMC and the BJP. The issue also resulted in BJP MLAs staging a walkout inside the West Bengal Legislative Assembly. Describing the death of eight people at Rampurhat as horrific, West Bengal Governor Jagdeep Dhankhar on Tuesday said it indicates that the state is in the grip of a culture of "violence and lawlessness". Calling upon the police to deal with the matter professionally, the Governor said that he has asked the state chief secretary to send him an update on the incident urgently.

According to reports, Chief Minister Mamata Banerjee on Thursday met the families of the victims and announced Rs 2 lakh compensation for rebuilding the scorched homes. Promising jobs to ten families affected by the violence, Banerjee added that she would ensure "speedy justice".

The National Human Rights Commission (NHRC) on Thursday took 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.

Also Read: Birbhum Massacre| Calcutta HC Reserves Order, Takes On Record Case Diary

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

Case Citation: 2022 LiveLaw (Cal) 90

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