SC fixes final hearing of WB govt's plea against CBI probe in post-poll violence cases

The Supreme Court on Monday fixed the final hearing of the West Bengal government's plea against the CBI probe into the post-poll violence cases on September 28. A division bench of Justices Vineet Saran and Aniruddha Bose was hearing this petition which argued that a fair probe was unlikely as the central agency was purportedly acting at the behest of the Centre. Appearing for the Mamata Banerjee-led government, senior advocate Kapil Sibal claimed that in one of the murder cases, the man who is said to be the victim is alive.

Asserting that a CBI probe was ordered without properly ascertaining the facts, he claimed that the central agency is also investigating dacoity cases. After the senior Congress leader mentioned that he needed two-three hours to complete his submissions, the court adjourned the matter to September 28 by which time all documents can be filed. During the hearing, senior advocate Mahesh Jethmalani and Queen's Counsel Harish Salve appeared for the respondents. 

The post-poll violence in West Bengal

BJP, Congress, CPI(M), TMC and ISF were up in arms over the violence which claimed at least 16 lives after the declaration of poll results. Soon, BJP leader and advocate Priyanka Tibrewal moved the Calcutta HC alleging that over 200 persons have been unable to return back home owing to the continued threat to their lives. Thereafter, a 5-judge bench comprising Chief Justice Rajesh Bindal and Justices IP Mukerji, Harish Tandon, Soumen Sen, and Subrata Talukdar directed the NHRC chairperson to form a committee to examine all complaints pertaining to the violence.

In its report submitted on July 12, the NHRC committee had opined that the situation in the state is a manifestation of the 'Law of Ruler' instead of 'Rule of Law'. Highlighting the "pernicious politico-bureaucratic-criminal nexus" in WB, it recommended that cases involving offences such as rape, murder, etc. should be probe by the CBI and tried outside the state whereas the other cases should be investigated by a court-monitored SIT. Ruling that TMC's allegations of bias against the NHRC panel don't hold merit, the court agreed to order a CBI probe in cases of murder and crimes against women. 

It also entrusted all other cases referred by the NHRC to an SIT comprising IPS officers Suman Bala Sahoo, Soumen Mitra and Ranbir Kumar. The bench revealed that the working of this team will be monitored by former HC Chief Justice Manjula Chellur.  Directing the state government to hand over all documents and records to the investigative agencies, it warned that any obstruction in the course of the probe will be taken very seriously. 

Image: PTI