‘Unfortunate that central agency has chosen to cast aspersions on courts in West Bengal,’ says SC pulling up CBI

The Supreme Court on Friday pulled up the Central Bureau of Investigation (CBI) for filing a transfer petition seeking shifting of post-poll violence cases from West Bengal to another state.

The top court directed the central agency to withdraw its petition taking serious exception to statements in the petition which said there is hostility in hearing the matters in all courts.

'Scandalous allegations have been made against all the court in general in West Bengal. Repeatedly averred that there is hostile environment prevailing in the courts. It is very unfortunate that Central Agency has chosen to cast aspersions on courts in West Bengal," the Supreme Court said in the order, according to legal news website, LiveLaw.

After strong criticism by the bench of Justices Abhay S Oka and Augustine George Masih, Additional Solicitor General of India SV Raju chose to withdraw the transfer petition.

Casting Aspersions

"Mr Raju what kind of grounds are taken in this? That all courts in West Bengal have hostile environment? Blanket averment that courts are illegally granting bail?. This is casting aspersions that the entire judiciary is under hostile environment," Justice Oka told ASG as soon as the matter was taken, LiveLaw reported.

Raju admitted that there was some ‘loose’ drafting in the petition and agreed to amend it. However, the bench said that the petition has to be withdrawn.

The transfer petition was filed in December last year seeking to relocate the cases outside of West Bengal due to alleged concerns of witness intimidation and threats to the course of justice. The Court had issued notice on the petition in February this year.

"Suppose we transfer matters then we are certifying that there is hostile atmosphere over all the courts in the state and courts are not functioning. Your officers may not like the judicial officer or a particular state but don't say that the entire judiciary is not functioning. The judges the district judges and civil judges and sessions judges can't come here and defend themselves," Justice Oka told the ASG.