In a setback to the government,the Calcutta High court on Friday directed the Justice Arunav Basu Commission inquiring into the 1970 Sainbari killings not to summon any witness till it decided a petition challenging the legal validity of the commission. Over-ruling the objection raised by the government,Justice Dipankar Dutta said the judicial commission can receive the affidavit or written complaint but cannot summon any witness for oral examination.
Rajat Banerjee and Durga Siba Prasad Roy,who had been earlier named in the chargesheet but were acquitted by Alipore Sessions court,have challenged the setting up of the commission by the Mamata Banerjee government on the ground that there was not enough reason to set up the probe panel,41 years post the incident. The petitioner claimed that former Chief Minister S S Ray had in May 1971 constituted the Justice Tarapada Mukherjee Commission to probe the case and the state government could not order another judicial commission to probe the same incident.
A mob of alleged CPM workers had attacked the Sain home in Burdwan town killing three members of the family in 1970.