SC pulls up CBI for alleging hostile environment in all West Bengal courts

The Supreme Court ordered the CBI to withdraw its petition to transfer post-poll violence cases from West Bengal, strongly disapproving claims of a hostile environment in the state's courts

The Supreme Court on Friday (September 20) rebuked the Central Bureau of Investigation (CBI) for filing a petition to transfer post-poll violence cases from West Bengal to another state, according to a report by legal news website, LiveLaw.

The court ordered the investigating agency to withdraw the petition, expressing strong disapproval of the claims made, which suggested that a hostile environment existed in all West Bengal courts.

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Justice Abhay S Oka, addressing Additional Solicitor General (ASG) SV Raju, remarked, “Mr Raju, what kind of grounds are taken in this? That all courts in West Bengal have (a) hostile environment? Blanket averment that courts are illegally granting bail? This is casting aspersions that the entire judiciary is under (a) hostile environment.”

 

Following the bench’s sharp critique, ASG Raju opted to withdraw the transfer request. The bench, comprising Justices Abhay S Oka and Augustine George Masih, was particularly concerned about the ‘scandalous’ accusations made against the West Bengal judiciary.

“Scandalous allegations have been made against all the courts in general in West Bengal. Repeatedly averred that there is hostile environment prevailing in the courts. It is very unfortunate that Central Agency has chosen to cast aspersions on courts in West Bengal,” the Supreme Court said in the order.

In its order, the Supreme Court noted that the petition made ‘serious allegations’ about the courts in West Bengal, repeatedly suggesting a hostile environment. According to a report by LiveLaw, the court found it troubling that the CBI had chosen to challenge the integrity of the state’s judiciary.

Although Raju admitted that the petition contained “loose drafting” and offered to amend it, the bench insisted on its withdrawal.

“Learned ASG states that there was no intention to cast aspersions. However, the averment is to the contrary. He seeks permission to withdraw. We make it clear that all objections to the proposed transfer are expressly kept open,” the bench said.

The CBI had originally filed the transfer petition in December last year, citing concerns over witness intimidation and threats to justice in West Bengal. The court had issued a notice regarding the petition in February this year.