Supreme Court Directs Trial To Commence In Cattle Smuggling Case Against TMC Leader Anubrata Mondal

The central agency arrested Mondal, currently lodged in Delhi's Tihar jail, in August last year.

A bench of Justices Bela Trivedi and Pankaj Mithal was hearing Mondal's special leave petition against a January 2023 order of the Calcutta High Court.

Previously, Senior advocate Mukul Rohatgi, appearing for Mondal, among other arguments, contended that he had not been supplied with all the documents annexed to the Charge Sheet. Accordingly, the Court directed the respondent/ CBI to furnish the petitioner with additional copies of the Charge Sheet and all the documents.

Today, during the hearing, Rohatgi contended that the main accused had been granted bail. He also fervently argued that there is no progress in this matter as the trial has not begun, and the investigation is pending. "There is no progress at all. There is no trial. Their investigation is still going on.," the Counsel submitted. 

Moving forward, Justice Trivedi also asked whether all the accused persons had received the documents. To this, ASG replied in the affirmative. “All have gotten documents, my lords,” he said.

When Justice Trivedi said, “Let the Trial start,” Rohatgi averred that the trial could not start since the investigation was pending.

When asked about the same, ASG Raju, at this stage, said, “We are ready to proceed on trial as far as he is concerned.” Following this, Justice Trivedi also asked ASG Raju whether an investigation was pending against the petitioner.

Raju replied negatively and reiterated that the trial would proceed against the accused. Accordingly, the Court ordered:

“Pursuant to the order passed by this Court on 5.12.2023, Ld. Senior counsel Mr. Rohatgi submits that the petitioner has got the documents, which were not received by him earlier…The documents and CDs mentioned in the chargesheet were supplied to all the accused persons. The Ld. AG states that the no further investigation qua the accused….is pending, and the prosecution shall proceed with the trial on the next date that is fixed on 22nd Feb.

In view of the above, the Trial Court is directed to proceed with the trial in accordance with the law on 22 Feb 2024. Let the SLP be listed on 27 Feb.”

Background

Anubrata Mondal, a prominent leader of West Bengal's Trinamool Congress and the Birbhum district president of the ruling party, is one of the accused believed to be involved in a multi-crore cattle smuggling ring, which allegedly involved smuggling cattle to Bangladesh through Birbhum.

The TMC leader's involvement in the alleged cattle smuggling ring is being investigated by both the Central Bureau of Investigation and the Enforcement Directorate. Mondal was arrested by the CBI in August 2022 and by the ED in November. Earlier this year, in January, the Calcutta High Court refused to grant him bail in the case lodged by the Central Bureau of Investigation. Later, Monday was shifted to Tihar jail in the national capital, where he is currently lodged, from a local correctional home in Asansol.

Case Title: Anubrata Mondal @ Kesto v. Central Bureau of Investigation., Diary No. 33558 of 2023

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