'Classic Case Of Suicidal Hanging' : Supreme Court On Alleged Political Murder During 2018 West Bengal Post-Poll Violence

The Supreme Court today(February 17) heard a writ petition filed by Senior Advocate Gaurav Bhatia as petitioner in person, alleging political murders by the members of the ruling Trinamool Congress in the State of West Bengal after the 2018 Panchayat elections. He has sought an independent investigation by the Central Bureau of Investigation(CBI). The Court has allowed him to file a rejoinder within two weeks.

The petitioner alleged that three ghastly murders had taken place in West Bengal, and it was brought to the notice of the Supreme Court by him. The Court had earlier issued notice to the West Bengal State Government and sought their reply. As per their reply, the investigation was transferred to the CID, and a closure report has been filed.

At the outset, Bhatia(now representing the deceased's brother) submitted before a bench comprising Justice Vikram Nath and Justice Sandeep Mehta: "...what had happened was, a 32-year-old[Dulal Kumar], he was going with his brother. The brother gives a complaint, after much resistance from the police station, that my brother has been abducted by five or six persons of a particular party, which is the ruling party of the state. And therefore, he registered an FIR. They don't register an FIR, your Lordship. And the next morning, the body was found hanging from a high-tension wire."

Bhatia submitted that there should have been a first information report as per the Lalita Kumari judgment, but the State police refused to register the FIR. He added that the complainant had named some TMC persons behind the murder, but they were never made part of the investigation. After notice was issued by the Court in the petition, the State transferred the case to the CID.

Bhatia further alleged that after this case, 19 such political murders have taken place. "What I want is this, your Lordship, that 19 murders, all political in nature, and I have limited resources, but then whatever I could gather, I've already filed. And your Lordship, one way, your Lordship must take into account at least those IAs be listed."

He stated that in 19 cases, 5 closure reports have already been filed and the Court must ask for a status report. However, the Court suggested that he go before the Calcutta High Court as it can't monitor all situations of violence that take place in a State.

Justice Nath orally asked: "Every murder or every incident, or violent act that happens in West Bengal, is this court going to monitor everything...Then why do you want us to look into every single murder case? You approach the Calcutta High Court and seek relief."

It should be noted that when this writ petition was filed, Bhatia brought before the case three cases of alleged political murders of Shaktipada Sardar, Trilochan Mahato and Dulal Kumar, out of which only Dulal Kumar's remains. In the other two, the Court refused to interfere as chargesheet were filed. In Dulal's case, the Court had asked for a medical report by an independent medical board to ascertain the cause of death.

Apart from the CBI investigation, he prayed for compensation of Rs. 50 lakh to each. A protest petition was filed by the family members, but no stay of the trial Court procedings was granted.

In the present case, he claimed that the closure report was filed examining the brother. "Your Lordship, the closure report was filed. 161 statement of the brother, who is the complainant, is not taken. All five persons, no action was taken against them. Then there is a closure report, which I would present before the court in detail. One of the accused, from night 11 till 5, he is talking. And the call records are mentioned in the closure report. Why would a person, on the same night, when the deceased person is hanged from a high-tension wire, claiming it to be a suicide, be talking from 11 till 5 and others are also talking?

So, your Lordship, I would never say that every murder that takes place in any state, whichever State it might be, has to be monitored by the Supreme Court. But I have a category of decisions, I will place them before your Lordship. I will satisfy the conscience. Why, in this case, situation is such, it is not only about the CBI investigating?

When Justice Nath repeatedly asked why he can't approach the High Court, Bhatia said the family members are receiving death threats from influential people. He prayed that they ought to be provided security cover.

He said: "Your Lordship, what had happened at the time, when these three murders came to the knowledge of the petitioner in person, your Lordship, which was me in this case. Your Lordship, I moved the Supreme Court immediately. And, your Lordship, after that, the family members came. They would not be able to pursue the petition even in the High Court, as I am saying. Protests they can't pursue. High Court petition they can't pursue. They have zero security. I have prayed for security on their behalf."

Then Justice Nath asked if the family had come to Delhi.

While the Court wanted to send the matter back to the High Court, Bhatia insisted that this Court hear the matter. After much persistence, the Court went through the postmortem report.

Perusing the report, Justice Mehta said that it is a classic case of suicide. "Hanging. It's a classic case of suicidal hanging. It is not a case of death by strangulation. Mr Bhatia, we have little bit of experience."

The Court will hear the matter on March 10 along with other listed IAs.

Case Details: GAURAV BHATIA Vs THE STATE OF WEST BENGAsL|W.P.(Crl.) No. 185/2018