Unfortunate: SC rap on CBI for ‘casting aspersions’ on West Bengal courts

File Photo: Supreme Court of India (IANS)


Terming it “scandalous” and “unfortunate”, the Supreme Court on Friday castigated the Central Bureau of Investigation (CBI) for casting aspersions on the entire judiciary in West Bengal while seeking the transfer of all the post-poll violence cases outside the state.

Taking exception to the manner and tone of the transfer petition of the CBI, a bench of Justice Abhay S Oka and Justice Augustine George Masih said, “This is casting aspersions that the entire judiciary is under hostile environment.”

“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 hostile environment,” remarked Justice Abhay S Oka.

Faced with a volley of strong criticism from the bench, Additional Solicitor General S V Raju admitted that there was some “loose drafting” and sought to withdraw the petition seeking the transfer of cases outside West Bengal.

However, refusing to accept a simple withdrawal,

Justice Abhat S Oka said it was unfortunate that the CBI has chosen to cast aspersions on the courts in West Bengal.

Threatening to issue a contempt notice to the lawyer responsible for drafting the transfer petition, the bench said, “Scandalous allegations have been made against all the courts in general in West Bengal. Repeatedly averred that there is a hostile environment prevailing in the courts. It is very unfortunate that the Central agency has chosen to cast aspersions on courts in West Bengal.”

Having expressed its displeasure over the CBI trying to cloud the judiciary in West Bengal, the court dismissed the plea of CBI and granted liberty to file a fresh petition.

The CBI had filed the transfer petition to shift the trial in post-election violence cases outside the state due to the alleged concerns about witness intimidation and threats to the course of justice.