SC stays trial court proceedings in case of violence which erupted during 2021 WB assembly polls
Feb 15, 2024
New Delhi [India], February 15 : The Supreme Court has recently stayed the proceedings before the trial courts in connection with violence that erupted during 2021 assembly polls in West Bengal.
The apex court decision came when the Central Bureau of Investigation moved a petition and sought transfer of cases, which are pending trial at various courts, within the State of West Bengal to any other place outside the State.
Justice Sanjay Karol directed the Director General of Police, West Bengal, to ensure compliance with its order and sought an affidavit in this regard.
"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 top court said.
The CBI has been represented by Additional Solicitor General SV Raju, Annam Venkatesh, Zoheb Hussain, Swati Ghildiyal, Munisha Anand and Mukesh Kumar Maroria.
ASG Raju submitted to the officials that the complainants, advocates and witnesses are being openly threatened and intimidated, thus obstructing and impeding the cause and course of justice. Despite the matter being brought to the notice of the authorities, no action at the ground level appears to have been taken, he claimed.
ASG further added that specific attention is invited to the complaint dated 13 July 2022 made by the petitioner's lawyer pointing out how even he is being threatened.
Adding further, ASG invited attention of the Court to the recommendation of the report of the enquiry committee dated July 12, 2021 prepared by the National Human Rights Commission, categorically recommending a trial of all cases investigated by the CBI to be held outside the State of West Bengal.
"In the attending facts and circumstances, having perused the material placed on record, accounting for the nature of cases and the allegations made therein, issue notice to each one of the respondents arrayed as party in the instant petition," the top court said.
