2021 West Bengal post-poll violence: Supreme Court stays proceedings in trial courts after CBI seeks transfer

The Supreme Court on Wednesday stayed the proceedings before various trial courts in West Bengal in connection with incidents of alleged violence in the aftermath of the 2021 State assembly polls [Central Bureau of Investigation v. State of West Bengal and ors]..The order came on a transfer petition filed by the Central Bureau of Investigation (CBI) which sought that the cases be heard anywhere outside West Bengal.The CBI alleged that witnesses and counsel were being threatened. The same is obstructing the course of justice amidst inaction by State authorities despite complaints, the agency stated.Justice Sanjay Karol sought responses of the West Bengal government and parties in the original cases. He also ordered,"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.".Additional Solicitor General SV Raju with Advocates Annam Venkatesh, Zoheb Hussain, Swati Ghildiyal, Munisha Anand and Mukesh Kumar Maroria represented the CBI..The top court is currently seized of a plea by the West Bengal government alleging that the CBI has been proceeding with investigations and filing criminal complaints without getting a nod from the State government.In September 2021, the Court sought the response of the Central government to a plea by West Bengal government challenging the Calcutta High Court decision to order a CBI probe into cases of murder and crimes against women that allegedly took place during post-poll violence in the State..That order was passed by the High Court after examining a report by a seven-member committee of the National Human Rights Commission which had been constituted to probe complaints of post-poll violence.Following the results of the Assembly elections in West Bengal in May 2021, many persons who had to flee their houses due to the violence had approached the High Court claiming that they were not being allowed to return home by the workers of ruling All India Trinamool Congress party.The High Court had, on May 31 that year, ordered the formation of a three-member committee to ensure that persons displaced by post-poll violence in the State are able to return to their houses..NHRC Chairperson Justice Arun Mishra then constituted a seven-member committee, which submitted a report accusing the ruling Trinamool Congress of turning affairs in the State into the "law of ruler", instead of "rule of law."It had recommended that grievous offences including murder and rape should be handed over to the CBI for investigation, and that such cases should be tried outside the State."The other cases should be investigated by a court-monitored special investigation team (SIT). For adjudication, there should be fast track courts, Special PP and Witness Protection Scheme," the 50-page report had stated.The State government has strongly contested the NHRC report, questioning the impartiality of the human rights body..[Read order]