The Supreme Court Thursday set aside a Calcutta high court order for a Central Bureau of Investigation probe in the alleged attack on Union Minister Nisith Pramanik's convoy during a visit to his constituency in West Bengal in February this year and directed fresh adjudication of the PIL filed by BJP leader Suvendu Adhikari on the issue.
The top court also rejected the vehement submissions of Adhikari, the leader of the opposition in the West Bengal assembly, for a “status quo” on the probe into the incident by the state police which, otherwise, will proceed with a “lightening speed” in view of the fact that they have not given the case files to the CBI as directed by the high court.
“No we cannot pass such an order,” a bench comprising Chief Justice DY Chandrachud and Justices PS Narasimha and JP Pardiwala said.
The top court referred to the fresh affidavit filed by the West Bengal police before it with regard to the actions taken so far in the incident and set aside the high court judgement ordering a CBI probe, saying the “the high court has not noticed any of the above facets”.
“However, the narration which is set out in the earlier part of the judgement (of the high court) have a bearing on the fact that the high court did not apply its mind to the entirety of the material which was produced before it by the petitioners on whether a proper investigation was being conducted (by the state police),” the bench said.
“In this view of the matter, we are of the considered opinion that it would be appropriate to remit the proceedings back to the high court to apply its mind fresh to the material which has been placed on record including the further material which has been placed before this court," it said.
The apex court said the high court will be at liberty to take a fresh view on whether the investigation by the state police has been fair and proper, and if not, whether a case has been made out for the transfer of the investigation to the CBI.
The top court, in its order, took note of the steps taken so far by the state police with regard to incidents, including the one related to alleged attack on the Union minister of state for home affairs' convoy during a visit to his constituency in Cooch Behar district on February 25.
It noted that these materials were evidently before the high court which was also told that 21 arrests were made by the state police in a suo-motu (on its own) case registered by the Sahibganj police station there and three more arrests in respect of the FIR registered on the basis of the complaint given by the Central Industrial Security Force, which was protecting the Union minister.
“Moreover it is stated that six specific cases of house damage and ransacking were registered on February 26-27, 2023 on the basis of the complaint submitted by the supporters of the BJP (Bharatiya Janata Party) and that in those cases, five accused have been arrested,” it said, adding “The high court has not noticed any of the above facets in the course of its judgment.”
The top court did not refer to the details of the state police affidavit with regard to the latest probe saying these materials have been placed after the decision of the high court.
“However, the narration which is set out in the earlier part of the judgement have a bearing on the fact that the high court did not apply its mind to the entirety of the material which was produced before it by the petitioners bearing on whether a proper investigation was being conducted,” it said while setting aside the CBI probe order.
While disposing of the appeal of the state government, the bench said it was leaving open objections, to be raised by police, with regard to the maintainability of Adhikari's PIL for a CBI probe.
The Calcutta high court had on March 28 ordered the CBI to probe the alleged attack on Pramanik's convoy during a visit to his constituency Cooch Behar district on February 25.
The high court had passed the order on the PIL filed by Adhikari, seeking a CBI probe into the attack alleging a conspiracy to "cause bodily harm" to Pramanik, a BJP MP, during his visit to Dinhata.
A division bench presided over by Chief Justice Prakash Shrivastava had ordered the transfer of cases filed in connection with the incident from the state police to the CBI.
Stating that the allegations are against the workers of the ruling Trinamool Congress, the high court had observed that a possibility that the state police may not fairly carry out the investigation cannot be ruled out, especially when the other side comprises workers of the principal opposition party in the state.
Adhikari had alleged that Pramanik's car was attacked during his visit to Dinhata where workers belonging to the Trinamool Congress had thrown stones and hurled bombs at the convoy.
It was alleged that bombs broke the window panes of the car and the shrapnel damage to the body of the vehicle could have resulted in fatalities.
