3 min readNew DelhiFeb 17, 2024 01:45 AM IST
First published on: Feb 17, 2024 at 01:25 AM IST
Its counsel assaulted by alleged Trinamool Congress workers, a trial court in Birbhum granting bail to accused in a murder case even after the Calcutta High Court cancelled the bail granted earlier, and prosecution witnesses threatened – these are among the several instances cited by the CBI before the Supreme Court seeking transfer of trial outside the state in 45 cases arising out of the violence that followed the 2021 West Bengal Assembly elections.
On February 14, a bench of Justice Sanjay Karol, while issuing notice on the CBI’s plea, stayed the trial in the cases. “Notice be issued returnable on 11.03.2024…In the meanwhile, further proceedings of the trial referred to in the prayer clause at page 58 onwards of the instant petition, shall remain stayed”, the court ordered.
The agency, which had taken up the investigation in the cases on the order of the Calcutta High Court, said that “while the trial has commenced in the…cases”, it “is facing severe hostility in the State of West Bengal and…has a justifiable and reasonable apprehension that in the current facts and situation, free and fair trial of the aforesaid cases in the State of West Bengal would not be possible…”.
It said that “in many cases, the complainants or the prosecution witnesses and even the counsel for the prosecution agency have been threatened and manhandled, within the Court premises, thereby pressurising them to not depose truthfully before the concerned Trial Courts”. These complaints were forwarded to the state Director General of Police for providing protection to the complainants/prosecution witnesses, it said, adding “however, it is learnt that in most cases, security has not been provided…which has put their lives and property in danger and is adversely affecting fairness of the trial”.
Apart from this, on February 11, 2023, CBI counsel Kaushik Bhadra appearing in one of the cases before the Additional Chief Judicial Magistrate Court, Mathabhanga, Cooch Behar “was severely manhandled by the Advocates and other supporters of the All India Trinamool Congress…”. Bhadra filed a complaint with the police, who also registered a case against him on the basis of the cross complaint of the advocate, who allegedly manhandled him, the agency said, adding this was done “to further pressurise the counsel for CBI”.
The probe agency said that “in some of the post-poll violence cases, the accused…are being released on bail by the concerned trial courts without even hearing the prosecution CBI which had carried out the investigation into the cases on the orders of the…Calcutta High Court”.
In this connection, the CBI plea referred to a trial court in Birbhum district granting bail to three accused in a murder case on September 24, 2022, “without hearing” it. On appeal, the High Court cancelled their bail on December 14, 2022.
The accused did so and was again granted bail by the trial court on January 5, 2023.
It said that “in many cases, the complainants or the prosecution witnesses and even the counsel for the prosecution agency have been threatened and manhandled, within the Court premises, thereby pressurising them to not depose truthfully before the concerned Trial Courts”.
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