Supreme Court raps CBI for claiming Bengal courts are hostile, warns of contempt

The Supreme Court on Friday pulled up the Central Bureau of Investigation (CBI) for making “scandalous allegations” in their plea against courts.

In West Bengal while seeking that the 2021 Bengal post-poll violence cases be heard outside the state. In December, the central probe agency filed a petition to transfer these cases, expressing concern about potential witness intimidation. However, the petition’s wording — which referred to a ‘hostile environment prevailing in the courts of Bengal’ — angered the Supreme Court.

A bench of Justices Abhay S Oka and Pankaj Mithal expressed displeasure over the CBI’s plea, stressing that the central probe agency had cast aspersions on the entire judiciary of West Bengal.

“You are brandishing all courts in West Bengal as hostile. Judges of the district judiciary cannot protect themselves. You are saying that trials are not conducted properly,” the Court stated.

The CBI, in a recent application, sought the transfer of over 45 cases outside of West Bengal, alleging that victims displaced by violence were being prevented from returning to their homes by the ruling All India Trinamool Congress (TMC). Additionally, the agency claimed that many witnesses were facing serious intimidation and threats. However, the Supreme Court directed the CBI to amend its petition before it could be heard.

Justice Oka, addressing the CBI’s request, remarked, “If we transfer the matters outside Bengal, we will be certifying that all courts are hostile.” He further noted that the language used in the application could warrant a contempt notice against the officer who filed the affidavit.

ASG SV Raju, representing the CBI, clarified that the agency had no intention of casting aspersions on the judicial system. He explained that the mention of a “hostile environment” referred to threats and intimidation faced by victims and witnesses outside the courtroom, rather than any bias within the judiciary.

Senior advocate Gopal Sankarnarayanan, representing the state of West Bengal, questioned the CBI’s stance, asking, “Why should the agency approach the court in this manner?” In response, the ASG noted that several victims had also filed applications seeking case transfers, citing the intimidation they were facing.

The Supreme Court bench, in its order stated, “Scandalous accusations have been made against all courts in West Bengal. It is repeatedly averred that a hostile environment prevails in all courts in the state. It is unfortunate that central agencies like the CBI have cast such aspersions on the judiciary in this manner.”

The bench further remarked, “Your officers may not have a favourable view of a particular state, but you cannot cast aspersions on the judiciary.”