‘Not conducive to fair probe’: SC shifts cases of BJP leader to CBI

The cases, registered in December 2020, involved allegations of assault and molestation of Trinamool Congress (TMC) workers.

The Supreme Court on Wednesday transferred the investigation of two criminal cases against West Bengal BJP leader and advocate Kabir Shankar Bose from the state police to the Central Bureau of Investigation (CBI), stating that “the politically charged atmosphere in the State of West Bengal may not be very conducive to a fair investigation” by the local police. The cases, registered in December 2020, involved allegations of assault and molestation of Trinamool Congress (TMC) workers.

The bench, comprising justices BV Nagarathna and Pankaj Mithal, took note that the matter involved allegations and counter-allegations involving Kabir Shankar Bose and Kalyan Banerjee, a TMC Member of Parliament and a senior counsel from the state who is also Shankar’s former father-in-law. (HT)

The bench, comprising justices BV Nagarathna and Pankaj Mithal, took note that the matter involved allegations and counter-allegations involving Shankar and Kalyan Banerjee, a TMC Member of Parliament and a senior counsel from the state who is also Shankar’s former father-in-law.

“Thus, looking to the facts of this case particularly, that respondent no. 7 (Banerjee) is a parliamentarian from the ruling party in the state of West Bengal and that the petitioner (Bose) belongs to the ruling party at the Centre, the politically charged atmosphere in West Bengal may not be very conducive to a fair investigation being conducted in the instant case,” held the bench.

The bench further noted that no prejudice would be caused to either of the parties if the investigation is conducted by an independent agency other than the state police, adding “the possibility that the petitioner may not get a fair investigation at the hands of the local police or that the local police may not behave cordially with him in the course of investigation may not be baseless and cannot be brushed aside outrightly or lightly.” The judgment cited the intertwined personal and political dimensions of the matter.

Bose had petitioned the Supreme Court, asserting that the charges were fabricated and politically motivated, orchestrated by Banerjee. The animosity, according to Bose, stemmed from his decision to file for annulment of his marriage with Banerjee’s daughter that ended in 2018 following an order of the top court.

The petition highlighted an incident on December 6, 2020, when Bose’s car was attacked, and he was allegedly restrained from leaving his residence. Represented by senior counsel Mahesh Jethmalani and advocate Surjendu Sankar Das, Bose contended that the state machinery is acting at the behest of the political masters as he happened to be the spokesperson of Opposition party BJP.

Bose’s claim was substantiated by a “movement register” provided by the Central Industrial Security Force (CISF), which maintains records of all movements of its protectees. In January 2021, the Supreme Court had stayed the criminal proceedings against Bose after the CISF submitted a report confirming that he was not at the location of the alleged offences and added that, in fact, Bose was sought to be assaulted by an unruly crowd that had gathered in front of his house.

Opposing Bose’s petition, the state government accused the BJP leader of politicising the issue, emphasising that the crimes were cognisable in nature and also involved the CISF officials. It also countered the plea to transfer the probe to CBI.

On his part, Banerjee alleged that Bose was trying to malign him on account of his marital discord with the MP’s daughter while the alleged crimes appeared to be serious as it involved outraging the modesty of women.

In its judgment, the bench noted that not only does there seem to be a “bitter enmity” between Bose and Banerjee due to their personal relationship in the past, but they also belong to political parties that do not see eye to eye. “The political scenario in the state of West Bengal is apparently opposed to the party in power at the Centre,” noted the bench.

It further pointed out that the case involves the investigation of the role of CISF personnel which cannot be left in the hands of the local police owing to charges of conflicting interests.

“To ensure a fair investigation in the matter, there appears to be weight in the argument of the learned counsel for the petitioner to transfer the investigation in relation to the two FIRs to an independent agency, more particularly keeping in mind the factual background and circumstances of the case,” held the bench, directing CBI to probe the matter and proceed in accordance with law.