In a striking move to ensure impartiality in a politically charged climate, the Supreme Court directed that investigations involving West Bengal BJP leader Kabir Shankar Bose be transferred to the Central Bureau of Investigation (CBI). The Court underscored the volatile political atmosphere in the state as a key factor in its decision.
A Battle of Allegations
Bose, a prominent BJP figure, contended that two FIRs filed against him were a direct result of political retaliation led by Trinamool Congress (TMC) MP Kalyan Banerji. Bose alleged that in December 2020, a mob of 200 TMC workers surrounded his home, issuing threats and injuring his CISF security personnel. Despite this, the local police filed charges against him instead of investigating the attackers.
The FIRs, lodged at the Serampore Police Station, accused Bose of multiple offenses, including criminal assault and intimidation. Bose claimed the actions were orchestrated by Banerji, whom he had opposed both politically and personally, citing a strained relationship stemming from his previous marriage to Banerji’s daughter.
Banerji, in his defense, dismissed the allegations as baseless, accusing Bose of fabricating claims to tarnish his image.
A Question of Justice
The Supreme Court noted that the tense political climate in West Bengal could hinder a fair investigation by the state police. It emphasized the principle that justice must not only be done but must also be seen to be done, particularly in cases involving political figures or allegations of state interference.
The Court further highlighted the conflict of interest in allowing the local police to investigate CISF personnel’s actions during the alleged incident, deeming an independent agency like the CBI more suited for the task.
Key Observations
- The Court underscored the importance of credibility in investigations, especially in politically sensitive cases.
- Constitutional courts can transfer investigations to independent agencies in exceptional circumstances to uphold justice and instill public confidence.
- The CISF’s affidavit pointed to lapses by local authorities, including denying reinforcements access and withdrawing key security personnel from Bose’s detail.
Final Directive
Citing lack of progress due to an interim stay, the Supreme Court instructed the West Bengal government to hand over all investigation records to the CBI. This decision aims to ensure a thorough and unbiased probe, free from political influence, in a case that has become emblematic of the fraught relations between opposing political powers in the state.
