New Delhi: The Supreme Court has stayed the proceedings before various trial courts in West Bengal in connection with the 2021 post-poll incidents of alleged violence in the state.
Justice Sanjay Karol noted in an order dated February 14 that the CBI seeks transfer of cases subject matter of the instant petition, which are pending trial at various courts, within the state of West Bengal to any other place outside the state.
Additional solicitor general S V Raju submitted that the officers/officials/the complainant(s), advocates and the witnesses are being openly threatened and intimidated, thus obstructing and impeding the cause and course of justice. It was contended before the top court that despite the matter having been brought to the notice of the authorities, no action at the ground level appears to have been taken.
"Specific attention is invited to the complaint dated 13th July, 2022 made by the petitioner's lawyer pointing out as to how even he is being threatened. Also, attention is invited to the averments made in the petition preferred by the petitioner before the High Court of Calcutta," noted the apex court, in its order.
Raju invited the 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 (NHRC), categorically recommending trial of all cases investigated by the CBI to be held outside 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. Steps for service be positively taken, as prayed for, within one week. Notice be issued returnable on 11.03.2024," the top court said.
Justice Karol said respondents as prayed for, be served through the concerned police station, and also standing counsel for West Bengal be served.
Raju contended that in addition to normal service, private respondents should also be served by way of paper publication in the local daily newspaper, widely circulated within West Bengal.
"Director General of Police, West Bengal is directed to ensure compliance of the order and also file his personal affidavit reporting compliance. 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," said the apex court, in its order.
