[BREAKING] Birbhum violence: Calcutta High Court directs transfer of probe to CBI

The Calcutta High Court on Friday transferred to the Central Bureau of Investigation (CB) the investigation into the violence in Birbhum district of West Bengal, in which 8 persons were killed allegedly in retaliation to the murder of local All India Trinamool Congress (TMC) leader Bhadu Sheikh..The order was passed by a Bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj in a suo motu case taken up to consider the issue.Besides the suo motu case, certain public interest litigation (PILs) had also been filed before the Court seeking a CBI probe into the incident.The Court explained that the order was made in the interest of justice, to instill confidence, and to have fair investigation to dig out the truth. "Accordingly, we direct the State Government to forthwith hand over the investigation to the CBI. We also direct State authorities to extend full cooperation to the CBI in carrying out investigation," the Bench said. .The Court further ordered that the Special Investigation Team formed by State would not carry out any investigation in the matter once the case is handed over to the CBI.The CBI was directed to take over the investigation and submit a progress report to the Court on April 7."We direct the CBI to forthwith takeover the investigation and submit progress report on the next date of hearing, list on 7 April," the Court diretced.The Court also turned down the request by the State to stay the order to enable it to file an appeal against the same. .Sheikh, a TMC leader and upa pradhan of Boroshal gram panchayat, was killed by some miscreants on March 21 at around 8:30 pm.This led to a violent backlash in which around 10 to 12 houses were torched and at least 8 persons were burnt alive, Times Now reported.The State government has responded by constituting a special investigation team (SIT) to probe the incident. However, petitions were filed before the Court alleging that the SIT has already given many contradictory statements on the issue and that it will only act as a "slave of the ruling party"..The Court had on Wednesday directed the West Bengal government to produce before the Court, the case diary/report about the investigation into the violence.This, after taking into consideration the Advocate General's argument that the State's investigation should be considered and examined before taking a call on whether the probe should be transferred to the CBI or any other agency.However, in order to ensure that evidence on the spot remains intact and witnesses are protected, the Court had also passed the following directions:- State will immediately install CCTV cameras with DVR having sufficient memory covering all angles of scene of occurrence and will do continuous recording until further orders. Cameras should be installed in the presence of District Judge, Purba Bardhaman district;- A team from CFSL, Delhi is directed to visit the spot of incident and collect the necessary material for forensic examination without any delay;- Director General of Police and Inspector General of Police in consultation with District Judge, Purba Bardhaman district should ensure that witnesses are adequately protected and not threatened or influenced by anyone;.When the matter was taken up for hearing on Thursday, the petitioners had submitted that the prime suspect has not been arrested yet."After 48 hours the prime suspect has not been arrested! I have been informed that the CM said that if any other political leaders wish to visit the site, they can visit with police. This can lead to destruction of evidence," it was contended.The petitioners had also likened the incident to the 2007 Nandigram firing."I am praying for CBI investigation. History repeats itself- 2007, Nandigram police firing. In that too, suo motu cognisance taken," it was pointed out.The petitioners also alleged that no statements of witnesses have been recorded yet."This x is the family member who is still alive. No report was given by the State for statement under 161 or 164. These 8 people were killed on that day. One victim died at hospital, and no statement was recorded. Family members of people who are now homeless, nobody has contacted them," it was submitted.The police and ruling party leaders are acting in connivance to run illegal trade of coal mining, it was alleged.The petitioners also questioned the inclusion of Gyanwant Singh in the State's Special Investigation Team (SIT)."Who is this Gyanwant Singh? The ED has sent notice to him in 2021 in coal smuggling case. That's the reason he's been made the top of this SIT....When the SIT was formed, Gyanwant Singh was not on it. State needs to respond why he was added," it was alleged..The State government, on the other hand, contended that all the directions by the Court have been complied with including direction to install CCTVs."There was a direction to provide witness protection. I don't want to take names- this has been provided. All but one postmortems have been videographed," Advocate General (AG) SN Mookherjee told the Court.He also said that the petitioner's oral arguments were not part of their pleadings."It is very easy to stand up, say things which are not even in the petition. Every submission of theirs, none is in plea," the AG said.Regarding the allegations raised against Gyanwant Singh, the AG had submitted that the petition does not have any mention of the same."In the petitions, there is not one allegations concerning Gyanwant Singh. I don't hold a brief for him but if he is being crucified, he is entitled to a hearing! We are before a highest court of State," it was submitted.After hearing the parties for more than two hours the Court reserved its verdict.Advocate Phiroze Edulji appeared for the petitioners. Advocate Priyanka Tibrewal appeared in-person. .[Read Order]