Supreme Court has on Friday declined to entertain a plea filed seeking directions to CBI to investigate the incident injuring West Bengal's Chief Minister Mamata Banerjee.
A three judge Bench led by CJI has granted the petitioners liberty to withdraw the plea and approach the Calcutta High Court. The Court was hearing a PIL filed seeking investigation into the alleged attack on CM Mamata Banerjee in Nandigram while she was in rally for filing nomination.
During the hearing, Adv Vivek Narayan Sharma appeared on behalf of the petitioners. "What can we do. Go to Calcutta High Court." CJI said Sharma stated that they are also seeking direction Election Commission with regard to conduct of election.
He further expressed an apprehension that the attack on CM Banerjee may have been staged."There is possibility of staged thing as she has been shaking her leg after the incident." Sharma said. "We don't know these facts. Go to the Calcutta High Court." CJI said
The present petition has been filed by three lawyers Shubham Awasthi, Akash Sharma and Sapta Rishi Mishra seeking issuance of guidelines and directions for investigation of future similar incidents which affect the Electoral machinery, to uphold the basic tenet of free, fair and transparent elections in the Country.
The plea, filed by Advocate Vivek Narayan Sharma also sought directions for creation of temporary body with extensive powers to look into election violence and punish the perpetrators, and for enhanced punishments for poll violence.
The petitioners, who are three practising advocates, alleged that CBI should investigate the incident injuring the CM as not only was it an incident which can be categorised as an attack against a constitutional functionary, but it would also affect voter confidence and influence them wrongly.
According to the petitioner, if investigation is not allowed it would create difficulties as any constitutional functionary could allege an attack to garner such sympathy which might result in the them gaining votes.
The plea stated that Mamata Banerjee has herself claimed that she was intentionally manhandled by 4-5 people in presence of public, and was definitely a conspiracy, as there were no police officials present in such a huge public gathering.
Further, the plea stated that the Election Commission was targeted for making changes which led to happening of the incident. The incident has created a new wave of sympathy and shock and awe among people and dissipated the image of Election Commission of India.
The petitioners argued that since the alleged attack, West Bengal's atmosphere has been filled with allegations and counter allegations, with the ruling party claiming that there has been a deep rooted conspiracy against them. Therefore the present plea's outcome would benefit all Citizens who believe that their right to vote ushers in a participative democracy.
Further, it was argued that in absence of any future guidelines to regulate such incident, the elections would continue with such tricks being imployed by different political parties and may result in a scenario where no candidate is safe.