Supreme Court Stays Trial Proceedings in West Bengal; Cites Threats and Intimidation to Officers and Witnesses

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In a significant development, the Supreme Court of India, presided by Hon’ble Mr. Justice Sanjay Karol, has ordered a stay on the trial proceedings of multiple cases in the State of West Bengal. The apex court’s decision came after hearing a transfer petition filed by the Central Bureau of Investigation (CBI), citing threats and intimidation to officers, officials, complainants, advocates, and witnesses involved in these cases.

The crucial legal point at the heart of this judgement is the safeguarding of the course of justice from external influences and threats. The Supreme Court has recognized the importance of ensuring a free and fair trial, unimpeded by fear or favor.

The CBI’s petition, Diary No. 51357/2023, highlights the concerns of safety and the obstruction of justice due to alleged threats and intimidation towards various stakeholders in the ongoing trials within West Bengal. This includes specific references to a complaint dated July 13, 2022, made by a lawyer of the petitioner, and recommendations from a report by the National Human Rights Commission dated July 12, 2021.

The Court carefully assessed the submissions and material presented, including the alarming allegations and the NHRC’s recommendations for trials investigated by the CBI to be conducted outside West Bengal. Justice Karol noted the gravity of the situation and the need to ensure the integrity of the judicial process.

Based on these considerations, the Supreme Court has directed the stay of further proceedings of the trials referred to in the petition. It issued a notice to all respondents, returnable on March 11, 2024, and ordered the Director General of Police, West Bengal, to ensure compliance with this order and file a personal affidavit reporting compliance. Additionally, the Court directed that respondents be served notice through multiple channels, including local newspaper publication.

Date of Decision: 14-02-2024

CENTRAL BUREAU OF INVESTIGATION VS THE STATE OF WEST BENGAL & ORS.   

               

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