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‘Poor track record’ — What Bengal govt told SC on CBI probe into post-poll violence

West Bengal says CBI 'not fully equipped to deal with such a large volume of cases of this magnitude', adds HC failed to explain how the probe done by the state police was tainted.

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New Delhi: Quoting a recent Supreme Court order, the West Bengal government has doubted the competence of the Central Bureau of Investigation (CBI) to probe cases in a timely manner.

In its appeal filed Wednesday against the Calcutta High Court judgment ordering the transfer of investigation into the alleged post-poll violence in West Bengal from the state police to the CBI, the state said the agency’s “track record in filing timely charge sheet and achieving convictions is woefully poor.”

To illustrate that the CBI’s competence to investigate in timely manner cases of significance is poor, the state referred to the top court’s order related to pending CBI and Enforcement Directorate (ED) cases against members of parliament (MPs) and members of legislative assembly (MLAs).

Issued last week, the order in the MP/MLA case pulled up CBI and ED — both are central probe agencies — over delay in filing charge sheets in cases involving elected representatives.

“CBI is not fully equipped to deal with such a large volume of cases of this magnitude and CBI’s admission of its incapacity has also been recorded in a very recent judgement dated 17 August passed by the Madurai Bench of the Madras High Court,” the appeal further submitted.

The Madras HC had in its order recommended the CBI be made an autonomous body, only answerable to the Parliament. Such a status would enable the release of the “caged parrot,” the bench had said.

West Bengal noted in its appeal that the CBI’s admission of “its incapacity” and that it is not “fully equipped to deal with such a large volume of cases of this magnitude” was clear in the Madras HC order.

Also, from the past experiences, the state claimed, “an honest and impartial investigation cannot be expected from the CBI especially in the context of the State of West Bengal.”


Also read: The 3 Bengal IPS officers who will probe political violence cases against Mamata’s TMC


Bengal says NHRC panel has BJP members

Apart from raising questions over CBI’s ability, the state has also alleged bias on the part of the committee appointed by the National Human Rights Commission (NHRC) chairperson.

The report submitted by this committee became the basis for the HC decision to transfer heinous offence cases to the CBI. In its report the panel also suggested transfer of trial of these cases outside West Bengal. The HC is yet to take a view on this recommendation.

The state claimed the committee consisted of members who are “either members of the Bhartiya Janta Party or known to be closely associated with it.”

One of the two, according to the appeal, is Atif Rasheed who has served president of BJP minority morcha and has been the national executive member of BJP youth wing. The appeal stated Rasheed’s Twitter account also mentions the fact that he contested the Delhi municipal election in 2021 on a BJP ticket.

West Bengal has also raised objection to the presence of Rajulben L. Desai, who is a member of the National Commission for Women. Desai was associated with Gujarat BJP Mahila Morcha in 2017 and was also in charge of the Gujarat BJP Beti Bachao, Beti Padhao project.

In the context of the independence of the committee, the state has heavily relied on the separate opinion rendered by one of the five judges on the bench.

Justice Soumen Sen, West Bengal submitted, had voiced his concerns over the inclusion of Rasheed and Desai. Their association with the panel could have been avoided, the judge said, as it might “vitiate the independence of the entire investigation.”


Also read: Sense of ‘abandonment’ in Bengal BJP as ‘violence-hit’ members say party brass left them alone


Govt defends Bengal Police probe

On the merits of the order, the state said it fails to explain how the investigation done by the state police was tainted or biased.

Asserting probe is transferred to CBI in exceptional cases, the state said the order also does not make any effort to define post-poll violence and has left the issue to be decided by the probe agencies, “thereby showcasing a complete lack of application of mind.”

As a consequence, innumerable unrelated cases were brought within the rubric of post-poll violence. According to the state incidents of crimes that took place when the Election Commission of India was in control due to the model code of conduct too have been included in the list.

A break-up of cases under the lens is mentioned in the appeal. The state claimed out of the 52 cases of alleged murder, eight do not have any date of occurrence. From the remaining 44, only 19 relate to incidents between 2-5 May 2021. Two relate to incidents prior to 2 May and 23 after 5 May.

Similarly, in nine out of 17 cases of alleged rape, the date of occurrence is missing in the documents. Four incidents were reported between 2-5 May. While there was no incident reported before 2 May, four allegedly took place after 5 May.

West Bengal further sought to defend the state police’s role and claimed they had arrested 8,852 people in connection with 1,429 cases registered related to the alleged violence. However, 5,154 were enlarged on bail, while notices have been served to 2,989.

It contested the NHRC panel’s finding that arrests were made only in three per cent of the cases.


Also read: Bengal govt moves SC on DGP appointment, says UPSC has no jurisdiction or expertise in it


 

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