The Supreme Court today stayed the proceedings before several trial courts in West Bengal in connection with incidents of alleged violence in the aftermath of the 2021 state assembly election.
The order followed on a transfer petition lodged by the Central Bureau of Investigation (CBI) which sought that the cases be heard anywhere outside West Bengal. The investigation agency alleged that witnesses and counsel were being threatened, thereby obstructing the course of justice amidst inaction by state authorities despite complaints.
Pronouncing the order, Justice Sanjay Karol sought responses of the West Bengal government and the concerned parties. He directed the Director General of Police, West Bengal to ensure compliance of the order and also file his personal affidavit reporting compliance. He added that further proceedings of the trial shall remain stayed.
The Supreme Court is currently seized by a plea by the West Bengal government alleging that the CBI has been proceeding with investigations and filing criminal cases without getting a nod from the state government.
The court in September 2021, sought the response of the Central government, to a plea by West Bengal government challenging the Calcutta High Court decision to order a CBI probe into cases of murder and crimes against women that allegedly took place during post-election violence in the state.
The judgment was passed by the High Court after examining a report by a seven-member committee of the National Human Rights Commission which had been formed to investigate complaints of post-election violence.
After the results of the assembly elections in West Bengal in May 2021, several people who had to flee their houses due to the violence had approached the High Court claiming that they were not being allowed to return home by the workers of TMC party.
Earlier in May 2021, the High Court had ordered the formation of a three-member committee to ensure that persons displaced by post-election violence in the state are able to return to their houses.
Following, NHRC Chairperson Justice Arun Mishra constituted a seven-member committee, which submitted a report accusing the ruling Trinamool Congress of turning affairs in the state into the law of ruler, instead of rule of law. The committee had recommended that grievous offences including murder and rape should be handed over to the CBI for investigation, and that such cases should be tried outside the state.
The report added that other cases should be investigated by a court-monitored special investigation team (SIT). However, the state government has strongly contested the NHRC report, questioning the impartiality of the human rights body.