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New Delhi: The West Bengal government on Wednesday moved the Supreme Court challenging the Calcutta High Court order accepting the recommendations of the NHRC panel in all heinous cases such as rape and murder during the post-poll violence in the state. A CBI inquiry was directed under the supervision of
The state government, in its special leave petition, alleged that it does not expect a fair and just probe from the central agency which is busy registering cases against office-bearers of the ruling Trinamool Congress party.
Earlier, advocate Anindya Sundar Das, one of the PIL litigants, whose plea was ruled by the High Court on August 19, had filed a caveat in the apex court urging that the state or other litigants be heard if they appealed. No order should be passed without
A five-judge High Court bench headed by Acting Chief Justice Rajesh Bindal had ordered a CBI probe into all alleged cases of heinous crimes in West Bengal after the assembly election results this year, in which the ruling TMC came back to power.
With regard to other criminal cases related to the post-poll violence, the High Court had directed that they be investigated by a special investigation team under the supervision of the court.
A division bench of the High Court, which also included Justices IP Mukherjee, Harish Tandon, Soumen Sen and Subrata Talukdar, observed that there were “definite and proven” allegations that the complaints of victims of violence after the West Bengal Assembly elections were not even registered. .
While ordering the formation of an SIT to probe all other cases, it had said it would include all IPS officers of West Bengal cadre Suman Bala Sahu, Soumen Mitra and Ranveer Kumar.
Read also: Calcutta HC directs Mamata govt to file affidavit on post-poll violence report by NHRC
It said, “As per the report of the committee, all cases where the charges relate to murder of a person and attempt to rape/rape against women shall be referred to CBI for investigation.”
The high court has directed the NHRC committee, constituted by its chairman on the directions of a five-judge bench, and any other commission or authority and the state to immediately hand over the records of the cases to the CBI for further investigation. .
The bench had said that it would supervise the investigation of both the CBI and the SIT and asked both the agencies to submit a status report to the court within six weeks.
It had said that the functioning of the SIT would be supervised by a retired Supreme Court judge, for which a separate order would be passed after obtaining his consent.
In its judgment, the bench had said that heinous crimes like murder and rape “should be investigated by an independent agency which in the circumstances can only be the Central Bureau of Investigation”.
The bench had said that the state has failed to register an FIR even in some cases of alleged murder. “It shows a predetermined mind to steer the investigation in a particular direction.”
“In such circumstances, an investigation by an independent agency would inspire confidence to all concerned,” it was noted.
It had alleged that the police had not registered many cases initially and some were registered only after the intervention of the court or the constitution of the committee was found correct.
It was observed that the facts are “even more clear” with respect to the allegations made in the PILs as the incidents are not isolated at one place in the State.
The NHRC committee submitted its final report to the court on July 13.
An interim report of the NHRC committee noted that Atif Rashid, a member of the committee, was prevented from discharging his duty, and on June 29, he and his team members were attacked by some unwanted elements in Jadavpur area on the southern bank. was attacked. city, the court noted.
The PILs alleged that people were thrashed, ransacked and property destroyed during the violence in the wake of the assembly elections, and demanded a fair probe into the incidents.
Read also: CBI registers 3 more FIRs related to post-poll violence in Bengal, total cases reach 31
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