SC hands over probe to CBI in cases against BJP leader Kabir Shankar Bose in West Bengal

A bench of justices BV Nagarathna and Pankaj Mithal allowed the petition filed by Kabir Shankar Bose and directed the West Bengal Police to hand over the investigation of two FIRs to the CBI.

Kabir Shankar Bose had been booked in two cases for allegedly assaulting TMC workers.

"It is admitted on record that the investigation in pursuance of the two FIRs is at a nascent stage and that it had not proceeded any further, due to the interim order dated 13.01.2021, till date. Therefore, it is but natural to get the investigation completed at the earliest. The primary object is to ensure fair completion of the investigation so that, if necessary, the trial may proceed," the top court said.

"The matter of entrusting investigation to a particular agency is basically at the discretion of the court which has to be exercised on sound legal principles. Therefore, the presence of complainant/informants are not very necessary before the Court. We do not feel that any prejudice would be caused to either of the parties if the investigation is conducted by an independent agency other than the State police," the top court said.

"Thus, looking to the facts of this case particularly, that respondent No. 7 (Kalyan Banerjee) is a parliamentarian from the ruling party in the State of West Bengal and that the petitioner belongs to the ruling party at the Centre, the politically charged atmosphere in the State of West Bengal may not be very conducive to a fair investigation being conducted in the instant case. It is, hence, considered appropriate that instead of keeping the investigation pending for an indefinite period, the investigation be transferred to the CBI," the top court said.

"The case involves the investigation of the role of CISF or its personnel which cannot be left in the hands of the local police also for reasons of conflicting interests. Thus, in our view, it is not appropriate to permit the local police to examine the conduct of CISF personnel in the instant case," the top court said.

"Accordingly, for all the above reasons and in the peculiar facts of this case, a writ of mandamus is issued to the State respondents to handover the investigation pursuant to the two FIRs aforesaid to the CBI along with all records, for its completion so that, if necessary, the trial may commence and justice is done to the parties," the top court said.

Bose who is an advocate by profession and active in politics too contended that he has a fundamental right to have a fair investigation in connection with two FIRs. Both of the FIRs were lodged against him with Police Station Serampore, West Bengal in 2020 under various counts of Indian Penal Code.

The petitioner Bose said that he was married to the daughter of TMC leader Kalyan Banerjee but the said marriage could not last long and was dissolved in terms of the settlement. However, the father of the petitioner's ex-wife continued to harass the petitioner and pressurized the state administration to victimise and torture him, he said. He further added that he was granted CISF security owing to political vendetta and threats extended to him allegedly by the State Government and his ex-father-in-law.

Bose alleged that in December 2020 his house and the car were surrounded by hundreds of Trinamool Congress workers when he was about to leave his house at Serampore along with CISF security guards. Instead of filing an FIR against the TMC workers, local police have lodged an FIR against him. (ANI)