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Today, the Supreme Court admitted the State of West Bengal’s appeal against the Calcutta High Court’s order directing the Central Bureau of Investigation (CBI) to probe incidents of alleged violence following the 2021 state assembly elections. The appeal, filed as a Special Leave Petition, was considered by a Bench of Justices M.M. Sundresh and Aravind Kumar.
During the proceedings, Senior Advocate Kapil Sibal, representing the State of West Bengal, argued that the investigation was transferred to the CBI based on a National Human Rights Commission (NHRC) report, which the state disputes as biased. Sibal emphasized the need to address these concerns, stating, “We have challenged the report saying it is a biased report. So, this matter has to be dealt with.”
The 2021 West Bengal assembly elections were marred by allegations of post-poll violence and unrest, with reports of displaced individuals being barred from returning to their homes. The Calcutta High Court had earlier ordered the formation of a committee to address these issues. Subsequently, the NHRC report accused the ruling party of enforcing a ‘law of ruler’ regime rather than upholding the rule of law.
The NHRC’s recommendation for a CBI investigation into serious offenses, including murder and rape, was accepted by the High Court in its August 19, 2021 decision. The West Bengal government has consistently challenged the NHRC report’s impartiality and validity.
In a related development, the Supreme Court stayed proceedings in various trial courts across West Bengal in February, following a transfer petition by the CBI. This stay was granted due to concerns of witness intimidation and threats to the integrity of justice.
The Supreme Court will next hear the appeal on November 20, as the legal battle over the CBI probe continues to unfold.