Supreme Court Allows West Bengal BJP Leader Kabir Shankar Bose's Plea For CBI Probe Of Assault Cases Against Him

The Supreme Court on Wednesday (December 4) ordered a CBI investigation into two assault and sexual harassment cases arising from an incident on December 6, 2020, against West Bengal Bharatiya Janata Party (BJP) leader Kabir Shankar Bose.

A bench of Justice BV Nagarathna and Justice Pankaj Mithal delivered its judgment today in the writ petition filed by Bose alleging that false criminal charges were filed against him due to political rivalry.

The "politically charged atmosphere" of West Bengal and the fact that the petitioner belonged to a rival political party may not be conducive for a fair investigation, the Court observed.

"Thus, looking to the facts of this case particularly, that respondent No. 7 is a parliamentarian from the ruling party in the State of West Bengal and that the petitioner belongs to the ruling party at the Centre, the politically charged atmosphere in the State of West Bengal may not be very conducive to a fair investigation being conducted in the instant case."

The Court also observed that the investigation also revolved around the role of the CISF and its personnel - who were providing him security cover- which cannot be left to the local police.

Bose has alleged that the cases were orchestrated by TMC MP Kalyan Banerjee, who is also Bose's ex-father-in-law. Bose claimed that he was attacked was unlawfully restrained from leaving his house on the day of the alleged incident on December 6, 2020. Bose has claimed that he was attacked despite having a protection by CISF, however, false criminal cases were registered against him.

On January 13, 2021, the Supreme Court stayed proceedings in two criminal cases against Bose, following submissions by the Central Industrial Security Force (CISF) in a sealed cover report. A copy of the movement log book of Bose was also placed in a sealed cover.

The cases, registered with the Serampore Police Station under Sections 341, 323, 325, 326, 307, 354, 504, 506, and 34 of the IPC, and under Sections 341, 325, 354A, and 34 IPC, were stayed by the court pending further proceedings. The bench, comprising Justices SK Kaul, Dinesh Maheshwari, and Hrishikesh Roy, had issued notice to the West Bengal government and state police.

Bose has argued that the charges were fabricated and politically motivated. On December 18, 2020, the Supreme Court had directed the CISF to submit a Special Incident Report in a sealed cover, which was later reviewed by the bench.

Mr. Mahesh Jethmalani, Senior Advocate along with Surjendu Sankar Das Advocate on Record represented the petitioner.

Case no. – W.P. (Crl.) No. 416/2020

Case Title – Kabir Shankar Bose v. State of West Bengal and Ors.

Citation : 2024 LiveLaw (SC) 950

Click here to read the judgment