'In One Of The Murder Cases, The Man Is Alive' : Sibal Submits For WB Govt In Plea Against CBI Probe In Post-Poll Violence Cases

The Supreme Court on Monday adjourned to September 28 the hearing of the petition filed by the State of West Bengal challenging the Calcutta 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 said that the case will be listed for final hearing on September 28 as the first item in the list. The bench said that it won't be able to hear the matter today due to paucity of time after Senior Advocate Kapil Sibal, representing the West Bengal Government, said that he will require about 2-3 hours to complete the submissions.

In the brief hearing held on Monday, Sibal submitted that the CBI enquiry was ordered without proper ascertainment of facts.

"In normal circumstances, whenever there is an allegation that an investigation is not being carried independently, the court takes the facts into consideration & then transfers the case to CBI after a prima facie conclusion. In this case, the cases were en masse transferred to CBI", Sibal submitted.

He submitted that in one of the alleged murder cases, the man who is said to be victim is alive.

"Shocking things are happening. In one murder case, the man is alive...", the senior counsel submitted. He further contended that under the garb of investigating post-poll violence cases, the CBI is now investigating dacoity cases too.

Senior Advocates Harish Salve and Mahesh Jethmalani, appearing on caveat for the petitioners before the High Court, were also present during the brief hearing.

The bench said that it will post the matter to September 28 for final hearing.

The State Government in the special leave petition had alleged that the CBI was acting at Centre's behest and hence said that a fair probe was unlikely in the cases.

It was on August 19 that a 5-judge bench of the Calcutta High Court ordered CBI enquiry into post-poll violence cases related to murder, rape and offences against women.

A 5-judge bench comprising Acting Chief Justice Rajesh Bindal, Justice IP Mukerji, Justice Harish Tandon, Justice Soumen Sen and Justice Subrata Talukdar pronounced the verdict in a batch of petitions alleging State inaction against the alleged acts of violence unleashed by members of ruling Trinamool Congress party on those who supported the BJP during the election

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