New Delhi: The Supreme Court on Wednesday said the political scenario in West Bengal is apparently opposed to the party in power at the Centre and TMC MP Kalyan Banerjee is one of the respondents in the matter, therefore a politically charged atmosphere may not be very conducive to a fair investigation while transferring two FIRs against BJP leader Kabir Shankar Bose from state police to the CBI. The FIRs pertain to the 2020 scuffle between Bose's security staff and TMC workers.
A bench comprising Justices B V Nagarathna and Pankaj Mithal said: "Looking to the facts of this case particularly, that respondent No. 7 (Banerjee) is a parliamentarian from the ruling party in the State of West Bengal and that the petitioner belongs to the ruling party at the Centre, the politically charged atmosphere in the State of West Bengal may not be very conducive to a fair investigation being conducted in the instant case”.
The bench observed that Bose was previously married to Banerjee’s daughter but the union ended in a divorce, paving way for bitter enmity between the two. “The political scenario in the State of West Bengal is apparently opposed to the party in power at the Centre”, said the bench.
The bench said the possibility that the petitioner may not get a fair investigation at the hands of the local police or that the local police may not behave cordially with him in the course of investigation may not be baseless and cannot be brushed aside outrightly or lightly.
The bench said the case involves the investigation of the role of CISF or its personnel which cannot be left in the hands of the local police also for reasons of conflicting interests. Thus, in our view, it is not appropriate to permit the local police to examine the conduct of CISF personnel in the instant case, it added.
“It is, hence, considered appropriate that instead of keeping the investigation pending for an indefinite period, the investigation be transferred to the CBI”, said the bench.
The bench said to ensure a fair investigation in the matter, there appears to be weight in the argument of Bose’s counsel to transfer the investigation in relation to the two FIRs to an independent agency, more particularly keeping in mind the factual background and circumstances of the case.
"In the peculiar facts of this case, a writ of mandamus is issued to the state-respondents to handover the investigation pursuant to the two FIRs aforesaid to the CBI along with all records, for its completion so that, if necessary, the trial may commence and justice is done to the parties," the bench said.
The apex court’s judgment came on a plea filed by Bose seeking a direction for transfer of the investigation to the CBI or a special investigation team, or any independent agency from the West Bengal police.
