Post-poll violence: SC notice on West Bengal govt’s plea against Calcutta High Court order for CBI probe

New Delhi, Sept 28
The Supreme Court on Tuesday issued notice on the West Bengal government’s petition challenging the Calcutta High Court’s order for a CBI probe into post-poll cases of murder and rape, allegedly committed by TMC supporters.
Asking the original petitioners before the high court and the CBI to file their replies to the West Bengal government’s petition, a Bench led by Justice Vineet Saran posted the matter for October 7.
“On the face of it, you have made out a case for issuance of notice. Let’s see. We will give a short time for respondents to file counter,” the Bench told senior advocate Kapil Sibal, who represented the TMC government.
As Sibal requested the Bench to stay future filing of FIRs by CBI, Justice Saran said, “We don’t have to do it. It’s a matter of only a week…nothing will happen.”
Sibal said the CBI was issuing notices to police officers in various cases.
The top court said it would not like to pass any orders without hearing the other side.
During the hearing, Sibal said the High Court violated the principles of natural justice of the state government in transferring post-poll violence cases to the CBI as only seven days were given to state police to probe thousands of complaints and whatever was said by state wasn’t considered by the HC.
The West Bengal government had on September 1 moved the top court against the Calcutta High Court’s order for a CBI probe into the incidents of murder and rape, allegedly committed by TMC supporters targeting BJP workers after the assembly election results were declared on May 2.
Accusing the CBI of acting at the behest of the Centre, the Mamata Banerjee government had contended that it could not expect a fair probe by the central agency which had been foisting cases upon TMC leaders.
It had alleged that there were several discrepancies in the NHRC report that formed the basis of the Calcutta High Court’s August 19 order for a CBI probe.
Immediately after the HC order, the CBI had formed four special teams and it has registered 31 cases of rape and murder so far in connection with the post-poll violence that claimed several lives in West Bengal and forced thousands to flee the state.
CBI files charges
The CBI has filed a charge sheet against six people, said to be TMC workers, in connection with the killing of a man during post-poll violence at Sitalkuchi in West Bengal’s Cooch Behar district, officials said on Tuesday.
The findings of the probe agency are in contrast to the allegations levelled in the FIR. The wife of the deceased had claimed that her family was a Trinamool Congress supporter and her husband was shot dead by “BJP goons”.
The CBI has filed the charge sheet against Tahidul Mia, Haridas Barman, Madan Barman, Naba Kumar Barman, Shyamal Barman and Arabindo Barman in the court of Additional Chief Judicial Magistrate, Cooch Behar, officials said.
The Calcutta High Court last month directed the CBI to probe the post-poll violence cases.