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This is an archive article published on December 14, 2007

SC tells CBI not to file FIRs against cops

The Supreme Court on Thursday turned down the West Bengal government’s plea for staying a CBI inquiry into Nandigram...

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The Supreme Court on Thursday turned down the West Bengal government’s plea for staying a CBI inquiry into Nandigram that was ordered by the Calcutta High Court. However, the apex court for now restrained CBI from filing FIRs against police officers involved in the March 14 firing in Nandigram.

A bench of Chief Justice K G Balakrishnan, Justice R V Raveendran, and Justice J M Panchal refused to accept the state government’s argument that the High Court was unjustified in describing the police action in Nandigram as “wholly unconstitutional”.

An inquiry report from the CBI will be placed before Calcutta High Court by December 17, the apex court was informed by senior advocate Harish Salve. The apex court allowed the inquiry to continue but said that for the time being FIRs would not be registered against police officers.

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On all other arguments from the West Bengal government, the Supreme Court was stern.

Appearing for West Bengal, senior advocate K K Venugopal raised apprehensions that the strong and severe indictment by the High Court might sway the CBI probe and urged that the High Court’s remarks be expunged. He said the High Court’s remarks “virtually tied the hands of the CBI”.

But the bench asked: “Why do you worry about the CBI report? You can always challenge it if you find that the CBI report is influenced by the High Court’s findings. You can always come to this court. You are assuming that the CBI is going to do something else.”

Solicitor-General G E Vahanvati assured the bench that the CBI’s hands would not be tied as the state government feared.

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The bench also took strong exception to the state government making an issue of compensation paid to victims. “Why are you making it an issue? Fourteen people died and, as directed, have to be paid Rs 5 lakh to their families, making Rs 70 lakh. That shouldn’t be a problem for the state. The idea is to bring back normalcy,” said the bench.

The Supreme Court has also sought a response from the voluntary group Association for Protection of Democratic Rights and other respondents on whose petition the high court had passed the order on Nandigram.

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