BREAKING: Birbhum Massacre| Calcutta HC Orders CBI Probe, SIT Asked To Stop Investigation [Read Order]

The Calcutta High Court on Friday transferred to the Central Bureau of Investigation (CBI) the investigation into the violence in Birbhum district of West Bengal, in which 8 persons were killed allegedly in retaliation to the murder of local All India Trinamool Congress (TMC) leader Bhadu Sheikh.The Court on Wednesday had initiated a suo motu case to consider the issue following which it had reserved its order on Thursday after hearing extensive submissions from the petitioners and the State government. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj on Friday observed that in the interest of justice and considering the circumstances of the instant case, the ongoing probe should be transferred to the CBI. "Having regard to the aforesaid we are of the opinion that facts and circumstances of the case demand that in the interest of justice and to instill confidence in the society and to have fair investigation to dig out the truth it is necessary to hand over the investigation to the CBI. Accordingly, we direct the State Government to forthwith hand over the investigation of the case to CBI. We also direct the State authorities to extend full cooperation to CBI in carrying out the further investigation", the Bench ordered. The State constituted Special Investigating Team (SIT) which had been carrying on its investigation till now was further ordered to not carry out any further investigation in the matter from the time the same is handed over to CBI."In view of this order the State police authorities or SIT formed by the State will not carry out any further investigation in the matter from the time the same is handed over to CBI. CBI will not only be handed over the case papers but also the accused and suspects who were arrested in the matter and in custody", the Court ordered further. The CBI has been ordered to submit a progress report on the next date of hearing that is to take place on April 7. The Court however clarified that any factual observation made in the order is only tentative for the purpose of deciding the issue of transfer of investigation to the CBI and will not be treated as binding in any other proceeding.Following the pronouncement of the verdict, Advocate General S.N Mookherjee prayed for a stay of the order. However, such a request was declined by the Court. The Court further averred that the 'undisputed shocking incident' has shaken the conscience of the society and that it has nationwide ramifications. "We find that the undisputed shocking incident of burning of at least 8 persons including a child and as many as 6 women has shaken the conscience of the society. It has a nationwide ramification and all the national media reports are flooded with the news of this unfortunate incident", the Court remarked. No effective contribution of the SIT in the investigation Pertinently, the Court observed that although the SIT was constituted on March 22 however till date there has been no effective contribution of the SIT in the investigation. The Court noted that it had been submitted by the petitioners 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 and as a result the persons trapped inside the houses were kept on burning. Opining that considering the gravity of the offence, investigation as expected has not been done, the Court underscored, "On minute examination of the case diary, we are of the opinion that the investigation as expected, keeping in view the gravity of the offence, has not been done. We are not mentioning the details of lacuna noticed in investigation as it may prejudice the rights of the parties. We also find that this is one such exceptional case where requisite direction is required."Accordingly, the Court observed that it is essential that expeditious steps are taken to hand over the investigation to an independent investigating agency because there is an allegation of an attempt to wipe off the evidence.The Court also took into consideration that Additional Solicitor General Y.J Dastoor had submitted that the CBI has no difficulty in carrying out the investigation.Arguments On the last date of hearing, the Court had taken on record the case diary/ report about the investigation into the violence. The Advocate General had informed the Court on Thursday that pursuant to the Court's earlier directions, 31 CCTV cameras have been installed in the scene of the crime and various confidence building measures have also been undertaken. The Court was further apprised that witness protection has also been extended.Regarding the conduct of post mortem examinations, the Advocate General submitted that all post mortem examinations have been concluded. The Court was further informed that except in one instance, video recording of all other post mortem examinations has been done.The Court had earlier directed the Central Forensic Science Laboratory...

BREAKING: Birbhum Massacre| Calcutta HC Orders CBI Probe, SIT Asked To Stop Investigation [Read Order]

Aaratrika Bhaumik

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