West Bengal Post Poll Violence- WB Government Moves Supreme Court Assailing Calcutta High Court's Order Directing CBI Probe

The State Government has averred that it did not expect a fair probe as the CBI was acting at Centre's behest and is busy foisting cases against TMC functionaries.

The Calcutta High Court on August 19, 2021 had observed that the CBI investigation would be monitored by the High Court.

"The Committee, NHRC, any other Commission or Authority and the State shall immediately hand over entire record of the cases entrusted to the CBI for investigation. It is made clear that it shall be the Court-monitored investigation. Any obstruction in the course of investigation by anyone shall be viewed seriously", the Court observed.

As regards other criminal cases related to post-poll violence, the Court directed that they be investigated by a Special Investigation Team under the monitoring of the Court. IPS officers, Suman Bala Sahoo, Soumen Mitra and Ranbir Kumar of the West Bengal cadre will be members of the SIT.

The High Court had also directed for monitoring the working of SIT by a retired judge of the Supreme Court, who was to be mentioned later in a separate order to be passed.

The Court had directed the State of West Bengal to immediately process the compensation for the victims of the post-poll violence. The Court also rejected the allegations of bias raised by the State Government against the National Human Rights Commission, a team of which had submitted a fact-finding report to the Court as per its directions.

"The allegation of bias against the Committee is not material because this court has considered not only the report of the Committee but other materials as well and arguments of learned Counsel based thereon", Justice I.P Mukerji observed in his judgment.

The CBI and the SIT were asked to submit status reports to the Court within six weeks and had ordered the division bench to again consider the matter by on October 24.

The Court had also directed the handing over of the autopsy report of Abhijeet Sarkar, a BJP worker who got killed in the post-poll violence and other sealed cover documents to the CBI.

Acting Chief Justice Rajesh Bindal had delivered the lead judgment whereas Justices I.P Mukerji, HarishTandon and Soumen Sen delivered separate but concurring judgments.