The Supreme Courtroom at present(February 17) heard a writ petition filed by Senior Advocate Gaurav Bhatia as petitioner in individual, alleging political murders by the members of the ruling Trinamool Congress within the State of West Bengal after the 2018 Panchayat elections. He has sought an unbiased investigation by the Central Bureau of Investigation(CBI). The Courtroom has allowed him to file a rejoinder inside two weeks.
The petitioner alleged that three ghastly murders had taken place in West Bengal, and it was delivered to the discover of the Supreme Courtroom by him. The Courtroom had earlier issued discover to the West Bengal State Authorities and sought their reply. As per their reply, the investigation was transferred to the CID, and a closure report has been filed.
On the outset, Bhatia(now representing the deceased’s brother) submitted earlier than a bench comprising Justice Vikram Nath and Justice Sandeep Mehta: “...what had occurred was, a 32-year-old[Dulal Kumar], he was going along with his brother. The brother provides a criticism, after a lot resistance from the police station, that my brother has been kidnapped by 5 or 6 individuals of a specific social gathering, which is the ruling social gathering of the state. And due to this fact, he registered an FIR. They do not register an FIR, your Lordship. And the subsequent morning, the physique was discovered hanging from a high-tension wire.”
Bhatia submitted that there ought to have been a primary data report as per the Lalita Kumari judgment, however the State police refused to register the FIR. He added that the complainant had named some TMC individuals behind the homicide, however they have been by no means made a part of the investigation. After discover was issued by the Courtroom within the petition, the State transferred the case to the CID.
Bhatia additional alleged that after this case, 19 such political murders have taken place. “What I need is that this, your Lordship, that 19 murders, all political in nature, and I’ve restricted assets, however then no matter I may collect, I’ve already filed. And your Lordship, a technique, your Lordship should consider no less than these IAs be listed.”
He said that in 19 instances, 5 closure stories have already been filed and the Courtroom should ask for a standing report. Nonetheless, the Courtroom urged that he go earlier than the Calcutta Excessive Courtroom as it could possibly’t monitor all conditions of violence that happen in a State.
Justice Nath orally requested: “Each homicide or each incident, or violent act that occurs in West Bengal, is that this court docket going to observe every little thing…Then why would you like us to look into each single homicide case? You strategy the Calcutta Excessive Courtroom and search reduction.”
It ought to be famous that when this writ petition was filed, Bhatia introduced earlier than the case three instances of alleged political murders of Shaktipada Sardar, Trilochan Mahato and Dulal Kumar, out of which solely Dulal Kumar’s stays. Within the different two, the Courtroom refused to intrude as chargesheet have been filed. In Dulal’s case, the Courtroom had requested for a medical report by an unbiased medical board to determine the reason for dying.
Other than the CBI investigation, he prayed for compensation of Rs. 50 lakh to every. A protest petition was filed by the members of the family, however no keep of the trial Courtroom procedings was granted.
Within the current case, he claimed that the closure report was filed analyzing the brother. “Your Lordship, the closure report was filed. 161 assertion of the brother, who’s the complainant, just isn’t taken. All 5 individuals, no motion was taken towards them. Then there’s a closure report, which I might current earlier than the court docket intimately. One of many accused, from evening 11 until 5, he’s speaking. And the decision information are talked about within the closure report. Why would an individual, on the identical evening, when the deceased individual is hanged from a high-tension wire, claiming it to be a suicide, be speaking from 11 until 5 and others are additionally speaking?
So, your Lordship, I might by no means say that each homicide that takes place in any state, whichever State it is perhaps, needs to be monitored by the Supreme Courtroom. However I’ve a class of selections, I’ll place them earlier than your Lordship. I’ll fulfill the conscience. Why, on this case, scenario is such, it’s not solely concerning the CBI investigating?
When Justice Nath repeatedly requested why he cannot strategy the Excessive Courtroom, Bhatia stated the members of the family are receiving dying threats from influential individuals. He prayed that they must be offered safety cowl.
He stated: “Your Lordship, what had occurred on the time, when these three murders got here to the information of the petitioner in individual, your Lordship, which was me on this case. Your Lordship, I moved the Supreme Courtroom instantly. And, your Lordship, after that, the members of the family got here. They might not be capable of pursue the petition even within the Excessive Courtroom, as I’m saying. Protests they cannot pursue. Excessive Courtroom petition they cannot pursue. They’ve zero safety. I’ve prayed for safety on their behalf.”
Then Justice Nath requested if the household had come to Delhi.
Whereas the Courtroom needed to ship the matter again to the Excessive Courtroom, Bhatia insisted that this Courtroom hear the matter. After a lot persistence, the Courtroom went by means of the postmortem report.
Perusing the report, Justice Mehta stated that it’s a basic case of suicide. “Hanging. It is a basic case of suicidal hanging. It’s not a case of dying by strangulation. Mr Bhatia, we’ve little little bit of expertise.”
The Courtroom will hear the matter on March 10 together with different listed IAs.
Case Particulars: GAURAV BHATIA Vs THE STATE OF WEST BENGAsL|W.P.(Crl.) No. 185/2018
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