The Supreme Court on Thursday cancelled the bail of four people accused of vandalising the house of a Bharatiya Janata Party (BJP) supporter and sexually harassing his wife during the 2021 post-poll violence in West Bengal, calling it a “grave attack on the roots of democracy”.
A bench of justices Vikram Nath and Sandeep Mehta directed the accused to surrender within two weeks. It ordered the trial completion in six months and the state home secretary and police chief to protect the complainant and witnesses.
The bench cancelled the bail on the Central Bureau of Investigation (CBI)’s appeal, calling the attack dastardly. “The reprehensible manner in which the incident was perpetrated shows the vengeful attitude of the accused persons and their avowed objective to subdue the supporters of the opposite party into submission by hook or crook.”
The CBI moved the Supreme Court against the Calcutta high court’s January and April 2023 orders granting the four accused bail. It said the charge sheet in the case was filed in 2022 and blamed the non-cooperation of the accused for stalling the trial.
The complainant, who described himself as a BJP supporter, said the accused entered his house, vandalised it, pulled his wife by the hair, disrobed her, and were about to sexually assault her. He added that the accused fled when she poured kerosene on herself to self-immolate. The complainant claimed that the police did not register a case.
{{/usCountry}}The complainant, who described himself as a BJP supporter, said the accused entered his house, vandalised it, pulled his wife by the hair, disrobed her, and were about to sexually assault her. He added that the accused fled when she poured kerosene on herself to self-immolate. The complainant claimed that the police did not register a case.
{{/usCountry}}Justice Mehta, who wrote the judgment, said the complainant’s house was attacked on the day of the election results to wreak vengeance because he supported the BJP. “This is a grave circumstance which convinces us that the accused persons, including the respondents, herein, were trying to terrorise the members of the opposite political party whom the accused respondents were supporting.”
The bench said there is no possibility of a fair and impartial trial if the accused were allowed to remain on bail. “On both counts, the nature and gravity of the offence, which is nothing short of an attack on the roots of democracy and the imminent likelihood of the accused adversely affecting a fair trial, the bail granted to the accused...has to be cancelled.”
The bench asked the trial court to adopt coercive measures to secure their presence if the accused failed to surrender. It directed that the accused be remanded to custody when they surrender or are arrested.
The bench said that, in case any stay orders have been passed on the proceedings before the trial court by any higher forum, including the high court, they shall be deemed to have been vacated, while directing expedited proceedings and conclusion of the trial within six months.
The bench asked the state home secretary and the police chief to ensure that all material witnesses and the complainant are protected so they can freely appear and depose at the trial without fear. It called for ensuring the trial is not delayed due to the complainant and witnesses apprehending threats to their lives.
The CBI arrested the accused in November 2022 after the Calcutta high court directed the agency to probe post-poll violence cases involving murder, rape and attempt to rape, etc.
The post-poll violence erupted after the assembly election results were declared in May 2021 and the Trinamool Congress (TMC) returned to power, even as the BJP hoped to form the government. The TMC insisted that violent incidents were reported when the law and order was under the Election Commission of India as per the code of poll conduct, and that Mamata Banerjee dealt with them effectively after taking over as the chief minister.