CBI reprimanded on the petition seeking to transfer the cases related to Bengal violence to another state; Court made a harsh comment

The Supreme Court has taken the CBI to task for demanding the transfer of the cases of violence surfaced in West Bengal after the elections to another state. The CBI has demanded the transfer of those cases to other states in the Supreme Court. The apex court directed the central agency to withdraw its petition and expressed serious objection to the statements in the petition. To wit: that partiality has occurred in the hearing of cases in all courts.

The division bench comprising Justice Abhay S Oka and Justice Augustine George Masih that heard the case, voiced its displeasure over the petition filed by CBI and underlined the point that the central investigating agency has leveled very serious allegations against the entire judiciary of this state. You are calling all the courts of West Bengal hostile. The judges of the district judiciary cannot protect themselves. You are saying that the trials are not being conducted properly.

According to a Live Law report, the Supreme Court in its order said, "It has been repeatedly stated on behalf of the CBI that a hostile atmosphere prevails in the courts. It is very unfortunate that the central agency has chosen to level allegations against the courts of West Bengal."

Additional Solicitor General of India (ASG) SV Raju has withdrawn the transfer petition after being severely criticised by a bench of Justices Abhay S Oka and Augustine George Masih. As soon as the hearing of the case started, Justice Oka told the ASG, "Mr. Raju, what kind of grounds have been taken in this? Is there a hostile atmosphere in all the courts of West Bengal? These claims are such that the courts are granting bail illegally? This raises the suspicion that the entire judiciary is in a hostile environment.

During the hearing of the case, Justice Oka told the ASG, "Suppose we transfer the cases, then we are certifying that there is a hostile atmosphere in all the courts of the state and the courts are not working. Your officers may not like a judicial officer or a particular state, but do not say that the entire judiciary is not working. Judges, District Judges, Civil Judges and Sessions Judges cannot come here and defend themselves.

ASG Raju admitted that there was some 'loose' drafting in the petition and agreed to amend it. However, the bench clearly directed that the petition will have to be withdrawn. Let us tell you that the transfer petition was filed in December last year. In which there was a demand to transfer the cases out of West Bengal due to alleged concerns about intimidation of witnesses and judicial process. After which the Supreme Court issued notice on the petition in February this year.