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2021 post-poll violence | Scandalous charges: SC pulls up CBI on plea for transfer of Bengal cases

The CBI had filed the petition in December 2023 seeking directions to transfer the cases outside of West Bengal due to alleged concerns of witness intimidation.

Supreme court, RG Kar hospital alleged rape murder case, indian express, west bengalA bench of Justices Abhay S Oka and Pankaj Mithal said the agency cannot cast aspersions on the entire judiciary in West Bengal. (File)
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THE SUPREME Court on Friday pulled up the Central Bureau of Investigation (CBI) for making “scandalous allegations” and “casting aspersions” on the West Bengal judiciary in its plea seeking transfer of cases — related to the 2021 post-poll violence — to outside the state.

Questioning Additional Solicitor General S V Raju, who appeared for the CBI, for the “blanket averment that courts are illegally granting bail”, the two-Judge Bench of Justices A S Oka and Pankaj Mithal said: “What kind of grounds are taken in this? That all courts in West Bengal have hostile environment? …This is casting aspersions that the entire judiciary is under hostile environment.”

The ASG said there was no intention to cast aspersions and some “loose drafting” may have crept into the petition, adding that he would amend it. But the court expressed the view that it should be withdrawn. Raju later withdrew the transfer petition.

The Bench said that allowing the transfer of cases would certify that a “hostile environment” persists in all the courts of the state and that they are not functioning.

“Your officers may not like the judicial officer or a particular state but don’t say that the entire judiciary is not functioning. The judges, district judges, civil judges and sessions judges can’t come here and defend themselves,” Justice Oka said.

“Scandalous allegations have been made against all the courts in general in West Bengal. (It is) repeatedly averred that there is a hostile environment prevailing in the courts. It is very unfortunate that the Central agency has chosen to cast aspersions on courts in West Bengal,” the court said in its order.

“Learned ASG states that there was no intention to cast aspersions. However, the averments are to the contrary. He seeks permission to withdraw. We make it clear that all objections to the proposed transfer are expressly kept open,” it said.

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  • Bengal post poll violence CBI supreme court West Bengal
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