2021 post-poll violence: Supreme Court pulls up CBI for ‘scandalous allegations’ against West Bengal judiciary

Scandalous allegations have been made against all the courts in general in West Bengal, says Supreme Court to CBI

The Supreme Court on Friday (September 20, 2024) pulled up the Central Bureau of Investigation (CBI) for casting “scandalous” aspersions against the West Bengal judiciary to justify its plea to transfer the trial of cases related to the violence which occurred after the State Assembly elections in 2021.

The criticism from a Bench headed by Justice A.S. Oka saw the CBI, represented by Additional Solicitor General S.V. Raju, withdraw its transfer petition.

“Scandalous allegations have been made against all the courts in general in West Bengal. It has been repeatedly averred that there is a hostile environment prevailing in the courts. It is very unfortunate that the Central agency has chosen to cast aspersions on courts in West Bengal,” the apex court recorded in its order.

The court noted that though Mr. Raju maintained orally in court that the Central agency had not intended to level any accusations against the State judiciary, the averments made in the petition to seek a transfer of the cases outside the State was quite to the contrary.

The CBI had appealed to the Supreme Court in 2023 to shift the post-poll violence cases out of West Bengal, saying witnesses were facing intimidation. The investigating agency claimed courts were “illegally granting bail” in the cases and there was a prevalent hostile atmosphere.

During the hearing, Justice Oka said the CBI may not like a particular judicial officer or a State, but it had no business claiming that the “entire judiciary is not functioning” in a State. “The District Judges and Civil Judges and sessions judges cannot come here and defend themselves,” the Bench remarked. Mr. Raju said the petition may have been loosely drafted.

But the court highlighted that “it has been repeatedly averred that there is a hostile environment prevailing in the courts. It is very unfortunate that the Central agency has chosen to cast aspersions on courts in West Bengal”.

Published - September 20, 2024 12:39 pm IST