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Supreme Court on CBI: The Supreme Court on Friday reprimanded the CBI for accusing the judiciary. Justice AS Oka and Justice Pankaj Mithal were hearing a petition related to the post-poll violence in West Bengal 2021. The court expressed serious objection to the language and comments used in the agency's application to transfer the case to another state.
A bench of Justices Abhay S Oka and Pankaj Mithal said that the agency cannot impeach the entire judiciary in West Bengal. The bench said, how can you accuse the entire judiciary? You are making it appear as if there is a 'hostile atmosphere' in the entire West Bengal.
Objection raised against the language of the application
The bench cited portions of the petition as examples of “outrageous allegations” against the judiciary, claiming that courts were facing a hostile environment in all cases of post-poll violence and that judges in lower courts were granting bail.
During the hearing of the case, the bench said, Mr. Raju (CBI lawyer), you are accusing the judiciary! How can you make such statements in your application? You are branding all the judiciary in such a way that there is an adverse environment in all the judiciary of West Bengal. You are saying that all the trial judges are giving bail orders simultaneously.
In its petition, the CBI has sought transfer of more than 45 cases out of the state of West Bengal. The CBI has alleged that the victims who fled their homes due to the violence are not being allowed to return home by the ruling All India Trinamool Congress and many witnesses are being severely intimidated. However, the Supreme Court has asked the CBI to amend it before hearing the petition.
CBI's argument
“If we transfer the cases out of Bengal, we will prove that there is a hostile atmosphere in the entire judiciary,” Justice Oka said, adding that the language of the petition makes out a proper case for issuing a contempt notice against the officer who has confirmed the affidavit.
However, SAV SV Raju, appearing for the CBI, clarified that the agency had no intention to level allegations against the judicial system. The ASG also clarified that the allegation of hostile atmosphere was based on the atmosphere outside the court and threats given to victims and witnesses.
Senior advocate Gopal Sankaranarayan, appearing for the state of West Bengal, also questioned the bias of the CBI. “Why does the agency have to come to the court like this?”, the lawyer asked. However, the ASG argued, in many cases, petitions were also filed by victims seeking transfer of cases or claiming that they were facing threats.
The allegations leveled against the court are reprehensible: Court
In its order, the bench said that all the judges of West Bengal have been accused of contemptible allegations. It is often said that there is a hostile environment in the entire judiciary. It is unfortunate that central agencies like the CBI have made such allegations against the judiciary.