NEW DELHI: The Supreme Court has termed the 2021 post-poll violence in West Bengal against BJP party workers as a dastardly offence which was “nothing short of a grave attack on the roots of democracy”.
The observation came from a bench of Justices Vikram Nath and Sandeep Mehta as it dealt with a plea filed by the Central Bureau of Investigation (CBI) challenging the grant of bail to several accused in the post-poll violence cases.
The CBI contended that the Calcutta High Court granted bail to the respondents-accused on totally extraneous considerations, and after their release on bail, there was no possibility of a fair trial being conducted.
Ordering cancellation of bail, the Supreme Court said that the allegations against the accused were so grave that the same shook the conscience of the court. “The concerted attack on the complainant’s house was launched on the day of the election results with the sole objective of wreaking vengeance because he had supported the saffron party. This is a grave circumstance which convinces us that the accused persons were trying to terrorise the members of the opposite political party whom the accused respondents were supporting, ” said the top court.
It took note of the fact that the trial has not budged an inch to date, though a charge sheet was filed way back in 2022, and this delay was mostly attributable to non-cooperation by the accused persons.
Saying that there was no possibility of a fair and impartial trial being conducted if the accused were allowed to remain on bail, the Supreme Court set aside the bail order passed by the Calcutta High Court.
“The accused respondents shall surrender before the trial Court within two weeks from today, failing which, the trial Court shall adopt coercive measures to secure their presence. Upon surrendering/being arrested, the accused respondents shall be remanded to custody, ” ordered the top court.
Further, it asked the trial court to expedite the proceedings and conclude the trial within a period of six months.
The Supreme Court asked the Home Secretary and the Director General of Police of West Bengal to ensure that proper protection was provided to the complainant and all other material witnesses so that they can freely appear and depose at the trial without any fear or apprehension.
It granted liberty to the CBI or the complainant to directly report to the top court any violation of the above direction.
Following the post-poll violence, an FIR was registered against the respondents-accused in December 2021 for the offences punishable under Sections 143, 144, 147, 148, 149, 427, 326, 376 read with 511 and 34 of IPC (Indian Penal Code), 1860.
The complainant, a follower of the Hindu religion, claimed that the majority of the residents in his village belong to the other community and are the supporters of the ruling Trinamool Congress. As per the complainant, a few villagers started campaigning for the Bharatiya Janata Party (BJP) prior to the Assembly election, which drew the wrath of Trinamool supporters, and allegedly, a bomb was thrown at his tea stall.
On the date on which the election results were announced, a gang of 40-50 miscreants gathered together and started throwing bombs towards the house of the complainant.
The complainant’s house was totally vandalised and looted by the accused persons. The wife of the complainant was grabbed by the hair, her clothes were snatched away, and she was forcibly undressed. To save herself, the complainant’s wife poured kerosene oil on her person and threatened that she would set fire to herself on which the miscreants left the spot.
When the complainant and his family approached Sadaipur Police Station the next day, the officer-in-charge did not accept the complaint and advised them to leave the village.
After several writ petitions were filed before the Calcutta High Court containing allegations of non-registration of FIRs in post-poll violence cases, a CBI probe was ordered into all the cases where the allegations involved murder and crimes against women.
The CBI filed its charge-sheet against a number of assailants, including the respondents-accused, for the offences punishable under Sections 34, 148, 149, 326, 354, 511, read with 376D and 450 of IPC.