New Delhi: The Supreme Court has condemned the 2021 post-poll violence in West Bengal against BJP workers, calling it a “dastardly offence” and “a grave attack on the roots of democracy”.
A bench comprising Justices Vikram Nath and Sandeep Mehta made the observation while hearing a plea by the Central Bureau of Investigation (CBI), which challenged the bail granted to several accused in the case.
The CBI argued that the Calcutta High Court had granted bail based on extraneous considerations and that the accused, once released, would hinder the possibility of a fair trial.
Ordering cancellation of bail, the Supreme Court said that the allegations against the accused were so grave that the same shook the conscience of the court.
It took note of the fact that the trial has not budged an inch to date, though a charge sheet was filed way back in 2022, and this delay was mostly attributable to non-cooperation by the accused persons.
Saying that there was no possibility of a fair and impartial trial being conducted if the accused were allowed to remain on bail, the Supreme Court set aside the bail order passed by the Calcutta High Court.
“The accused respondents shall surrender before the trial Court within two weeks from today, failing which, the trial Court shall adopt coercive measures to secure their presence. Upon surrendering/being arrested, the accused respondents shall be remanded to custody,” ordered the top court.
The Supreme Court directed the trial court to expedite proceedings and conclude the trial within six months.
Additionally, it instructed the Home Secretary and the Director General of Police of West Bengal to ensure adequate protection for the complainant and key witnesses, allowing them to testify without fear or intimidation. The court also granted the CBI and the complainant the liberty to report any violations of these directives directly to the top court.
Following the post-poll violence, an FIR was registered in December 2021 against the accused under multiple sections of the Indian Penal Code (IPC), including rioting, grievous hurt, and attempted sexual assault.
The complainant, a follower of the Hindu religion, claimed that the majority of the residents in his village belong to the other community and are supporters of the ruling Trinamool Congress. As per the complainant, a few villagers started campaigning for the Bharatiya Janata Party (BJP) prior to the Assembly election, which drew the wrath of Trinamool supporters, and allegedly, a bomb was thrown at his tea stall.
The complainant’s house was totally vandalised and looted by the accused persons. The wife of the complainant was grabbed by the hair, her clothes were snatched away, and she was forcibly undressed. To save herself, the complainant’s wife poured kerosene oil on her person and threatened that she would set fire to herself, on which the miscreants left the spot.
When the complainant and his family approached Sadaipur Police Station the next day, the officer-in-charge did not accept the complaint and advised them to leave the village.
After several writ petitions were filed before the Calcutta High Court containing allegations of non-registration of FIRs in post-poll violence cases, a CBI probe was ordered into all the cases where the allegations involved murder and crimes against women.
(inputs from IANS)