Supreme Court Criticizes CBI for Casting Aspersions on West Bengal Judiciary

The Supreme Court expressed strong disapproval on Friday regarding the Central Bureau of Investigation’s (CBI) assertions that undermined the entire judiciary in West Bengal. This reaction followed a plea from the CBI seeking to transfer trial proceedings related to post-poll violence cases outside the state.

A bench led by Justice Abhay S. Oka questioned the CBI’s claims, stating, “The CBI cannot cast aspersions on the judiciary in the entire state of West Bengal. There are blanket assertions that judges are illegally granting bail. “How can such statements be made?” Justice Oka criticized the notion of a “hostile atmosphere” in West Bengal’s courts, emphasizing that transferring trials based on such claims would imply certifying a widespread hostile environment.

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Justice Oka remarked, “Your officers may not like a particular state or its judicial officers, but don’t rant that the entire judiciary is under a hostile environment. This may warrant contempt proceedings against the individual who filed the affidavit.”

In response, Additional Solicitor General (ASG) S Raju, representing the CBI, acknowledged the issue as a case of “loose drafting” and requested permission to withdraw the transfer petition. “I will withdraw this application and file a fresh one,” he stated.

The Supreme Court reiterated its concern, highlighting that the transfer petition contained “scandalous allegations” against all West Bengal courts and that the CBI’s actions were “very unfortunate.” The bench noted that while the ASG claimed there was no intention to malign the courts, the statements made in the petition contradicted that assertion.

Ultimately, the Supreme Court allowed the CBI to withdraw its transfer petition, granting the agency the liberty to file a revised application while keeping all objections raised by the respondents open.

Earlier this year, on February 15, the Supreme Court had stayed trial proceedings in the post-poll violence cases pending in various West Bengal courts. This action followed a series of FIRs lodged by the CBI in response to the Calcutta High Court’s directives.

ASG Raju earlier raised concerns about threats and intimidation faced by officials, advocates, and witnesses, asserting that state authorities had taken no action despite the serious nature of the allegations. He cited a 2021 report from the National Human Rights Commission that recommended trying all cases investigated by the CBI outside West Bengal.

After reviewing the materials presented, the Supreme Court directed that all respondents receive notice and mandated the West Bengal Director General of Police to ensure compliance with its order. The court also instructed officials to notify private respondents through public announcements in local newspapers widely circulated in West Bengal.