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.
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.
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.