BREAKING: Birbhum Massacre| Calcutta High Court Orders CBI To Probe Into Murder Of TMC Leader Bhadu Sheikh

The Calcutta High Court on Friday ordered the Central Bureau of Investigation (CBI) to investigate the murder of local All India Trinamool Congress (TMC) leader Bhadu Sheikh that was followed by arson in Bogtui village, Rampurhat, Birbhum, that killed eight people, including two children.

The Court had earlier transferred to the CBI the investigation into the incident of violence in Birbhum district of West Bengal that had allegedly taken place in retaliation to the murder of Sheikh.

The Court on Thursday had  reserved its order in a batch of pleas seeking a CBI probe into the murder of TMC leader Bhadu Sheikh. 

A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj on Thursday had taken on record the preliminary report submitted by the CBI as per the Court's earlier directions. 

Pursuant to the perusal of the report, the Court observed that the report prima facie suggests that the brutal incident of burning and killing at Bogtui village is the direct fall out of the murder of Bhadu Sheikh at 8.30 P.M. on the same day. It was further noted that the CBI report suggests that the incident is the outcome political rivalry amongst members of two groups in the village and that the burning of houses resulting in the death of 8 persons was a retaliatory plan.

A host of applications had been moved before the Bench on Thursday seeking for a CBI probe into the murder of local TMC leader Bhadu Sheikh. The concerned counsels had alleged that the unfortunate incident of setting 10 houses on fire is not an isolated incident rather it is a counter-blast of the murder of Sheikh. 

Opining that there is a 'close relationship and linkage' between the two incidents, the Court observed, 

"Both the incidents took place within a gap of about 2 hours. Material placed on record prima facie suggests close relationship and linkage between the two incidents. The incidents are alleged to be result of political rivalry. The allegation of the applicants that both incidents form part of the common conspiracy and continuous cause of action cannot be ignored."

The Bench further opined that if one agency investigates both the incidents then not only it will be easier to unearth the truth but it will also facilitate the trial before the same competent Court.

Ordering a CBI probe into the murder, the Court underscored, 

"The object of issuing the necessary direction in the suo motu petition is to ensure appropriate action against the person responsible for the incident. On the basis of the material which is available before us, we are of the opinion that the said object can be more appropriately achieved if the incident of murder of Bhadu Sk is also investigated by the CBI along with the incident of burning of houses and murder of villagers of Bogtui which took place shortly thereafter. The second incident prima facie seems to be the fall out of first incident"

Accordingly, the Court directed the State police authorities to immediately hand over the investigation in the case of murder of Sheikh to the CBI along with all the records pertaining to the investigation conducted till date. 

"The CBI is directed to investigate the murder case of Bhadu Sk along with the investigation in the case of Bogtui house burning and murder case", the Court ordered further. 

The CBI was ordered to submit a further status report pertaining to both the investigations on the next date of hearing which is slated to take place on May 2. 

Additional Solicitor General Y.J Dastoor appearing for the CBI had submitted that the CBI is willing to investigate the murder of Bhadu Sheikh but he however expressed concerns that vital evidence may have been destroyed by now due to such a delayed plea for a CBI probe. He however had however contended that it is better if the investigation is done in both the cases by the same agency as both the incidents are interlinked and that it would facilitate trial of the cases before the same Judge.

Advocate General S.N Mookherjee appearing for the State government had however, argued that the police were investigating the matter. Three out of the four petitions also did not seek an inquiry by the central agency, the State had submitted. He had further argued that that there is no allegation that the probe into the murder of Sheikh was not being conducted properly. 

It may be noted the Court had earlier observed that although the SIT had been constituted on March 22, there had been no effective contribution of the SIT in the investigation. The Court had noted that despite the fact that the police station was situated very close to the place of occurrence, the police had not reached the crime scene on time as a result of which the persons trapped inside the houses were kept on burning. 

The State constituted Special Investigating Team (SIT) had also been ordered to not carry out any further investigation into the incident of violence.  The Court had earlier initiated a suo motu case to consider the issue.

Background

The violence in Birbhum's Bogtui village took place following the alleged murder of Bhadu Sheikh, a panchayat leader of the ruling Trinamool Congress. He died after miscreants allegedly hurled bombs at him on March 21.

Hours later, violence erupted and several houses, including two belonging to the men accused of Sheikh's murder, were allegedly attacked and set on fire resulting in eight deaths, including that of women and children.

The police recovered eight charred bodies, primarily of women and children from the gutted houses in Bogtui village. Three victims were admitted to the local hospital. The death toll currently stands at nine.

Taking cognisance of the violence, the State government had formed a Special Investigation Team (SIT) headed by the additional director general of police (CID), Gyanwant Singh, to probe the incident. However, subsequently, the investigation was handed over to the CBI pursuant to the directions of the Calcutta High Court.

As part of its investigation, the CBI has reportedly moved a local court on Wednesday to seek permission for conducting polygraph tests on eight people arrested in the case, including TMC leader Anarul Hossain.

According to reports, Chief Minister Mamata Banerjee on Monday gave government jobs to 10 people who were affected in the Birbhum violence.

The National Human Rights Commission (NHRC) has also taken suo motu cognizance of the matter and issued notices to the Chief Secretary and the Director General of Police, West Bengal calling for a detailed report in the matter within 4 weeks including the status for the FIRs registered in the matter, steps taken to ensure safety of the people in the village and any relief or rehabilitation provided by the State Government.

Also Read: Birbhum Massacre| Calcutta HC Takes On Record CBI Report, Reserves Order In Plea Seeking CBI Probe Into Murder Of TMC Leader Bhadu Sheikh

Case Title: The Court on its own Motion In re: The Brutal Incident of Bogtui Village, Rampurhat, Birbhum

Case Citation: 2022 LiveLaw (Cal) 110 

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