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This is an archive article published on September 20, 2024

2021 Bengal post-poll violence: Supreme Court chides CBI for casting aspersions on state judiciary

The CBI approached the SC seeking transfer of cases registered in the wake of the post-poll violence in West Bengal in 2021 outside the state.

The bench said that allowing the transfer would certify a hostile atmosphere persists in all the courts of the state and that they are not functioning.The bench said that allowing the transfer would certify a hostile atmosphere persists in all the courts of the state and that they are not functioning. (File Photo)

The Supreme Court on Friday took exception to a petition by the Central Bureau of Investigation (CBI) plea seeking transfer of cases registered in the wake of the violence in West Bengal following the 2021 Assembly elections, outside the state, saying the grounds cited were casting aspersions on the judiciary in the state.

Justice A S Oka while presiding over a two-judge bench questioned Additional Solicitor General S V Raju who appeared for the agency for its “blanket averment that courts are illegally granting bail”.

“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 bench said.

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The ASG said some “loose drafting” may have crept into the petition and said he will amend the same. The court expressed the view that it should be withdrawn.

The bench said that allowing the transfer would certify a hostile atmosphere persists in all the courts of the state and that they are not functioning.

Justice Oka Swiss, “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, the district judges and civil judges and sessions judges can’t come here and defend themselves”.

The bench observed that scandalous allegations have been made against all the courts in general in West Bengal. “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 bench said in the order

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“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,” the bench added.

Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 23 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry. He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with The Indian Express, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit. ... Read More

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