Supreme Court Admits West Bengal's Plea Challenging HC Direction For CBI Probe Into 2021 Post-Poll Violence Cases

The Bench of Justices M.M Sundresh and Aravind Kumar granted leave to appeal in the Special Leave Petition filed by the State and sought CBI's response to this plea. The matter will be next listed on November 20.

At the outset of today's proceedings, Senior Advocate Kapil Sibal, appearing for the State, submitted that on the basis of the NHRC's report, the investigation was transferred to the CBI. “We have challenged the report saying it is a biased report. So, this matter has to be dealt with.,” he added.

Under the scanner are the 2021 state assembly elections in West Bengal, marred by allegations of post-poll violence and widespread unrest. Amidst reports of displaced individuals being denied the right to return to their homes, the Calcutta High Court ordered the formation of a committee to address the situation.

Subsequently, a National Human Rights Commission (NHRC) committee submitted a report accusing the ruling party of orchestrating a 'law of ruler' regime, rather than upholding the rule of law.

The NHRC report recommended that serious offences, including murder and rape, be investigated by the CBI and tried outside the state to ensure impartiality. Following this, the High Court, through its August 19, 2021 decision, handed over the investigation to the CBI.

However, the West Bengal government has consistently questioned the NHRC report, expressing concerns about its impartiality and validity.

In a related development, the Supreme Court, in February, stayed the ongoing proceedings in various trial courts across the state. The order was passed in response to a transfer petition filed by the CBI, seeking to relocate the cases outside of West Bengal due to concerns of witness intimidation and threats to the course of justice.

Case Details: THE STATE OF WEST BENGAL vs. UNION OF INDIA., Diary No. - 20668/2021

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