The Supreme Court has rejected the order by Calcutta High Court directing a CBI probe into the attack on the convoy of MoS (Home) Nisith Pramanik in Cooch Behar district in February this year.
An instruction has been issued by a bench led by Chief Justice of India DY Chandrachud directing the High Court to re-examine the material placed by the West Bengal police for deciding whether the case needs CBI probe.
The Top Court found that the High Court was aware of the fact that 21 arrests were made by the police; 6 specific cases of ransacking and damage were registered and of those, 5 accused were arrested.
The Apex Court has thus been instructed the High Court to reexamine the matter to apply its mind afresh
The High Court had passed an order on the PIL instituted by Suvendhu Adhikari, an MLA and Leader of Opposition in West Bengal Assembly.
The background which led to the petition is that on Feb 25, when the Union Minister of State for Home was visiting his constituency, there was an incident in the course of which his car and convoy were attacked.
The allegation is that this was at the behest of TMC party and that the police took no action against the perpetrators.
Adhikari sought transfer of the probe to CBI. He alleged that the police personnel present on the spot took no step to stop the perpetrators. It was further submitted that the incident was part of a larger conspiracy to bodily harm the Minister.
The High Court took note of an affidavit which was filed by Superintendent of Cooch Behar and it was of the view that state police authorities were not likely to conduct a fair investigation. It noted that though the incident took place on 25th, FIR was registered on 7th.
Further, when CISF went to register FIR on 26th Feb, the police refused to do so; and that no action was taken.
As per the Superintendent however, the report was made at the preliminary stage.Before the Supreme Court, Dr AM Singhvi and Mr Gopal Sankarnarayanan argued that the High Court missed certain crucial aspects of the status report which show that the police was still investigating.
They submitted there was no reason for the High Court to transfer the probe to CBI on a PIL moved by an MLA and leader of opposition.
PS Patwalia for respondents opposed the plea. In the course of the discussion, the Supreme Court perused the affidavit filed by SP before the High Court and then expressed inclination to allow the petition.
The CJI said, “The High Court relies upon the status report then it says how can we expect your police to take up investigation. They have not looked at the action. We’ll set aside this judgement, send the matter back to the High Court and ask the police to file an updated status report.”