‘Attack on the roots of democracy’, SC on 2021 Bengal post-poll violence

New Delhi: The Supreme Court has condemned the 2021 post-election violence in West Bengal, describing it as a heinous act that dealt a severe blow to the very foundation of democracy. The remarks were made by Justices Vikram Nath and Sandeep Mehta while hearing a plea from the CBI contesting the grant of bail to.

New Delhi: The Supreme Court has condemned the 2021 post-election violence in West Bengal, describing it as a heinous act that dealt a severe blow to the very foundation of democracy. The remarks were made by Justices Vikram Nath and Sandeep Mehta while hearing a plea from the CBI contesting the grant of bail to several accused individuals involved in the violence.

The CBI argued that the Calcutta High Court had granted bail to the accused based on irrelevant considerations, and that their release jeopardized the fairness of the ongoing trial. The Supreme Court, noting the seriousness of the allegations which deeply disturbed the court’s conscience, ordered the bail to be revoked. The court highlighted that the attack on the complainant’s house, which took place on the election results day, was driven by revenge because he supported the BJP. This act was seen as an attempt to intimidate opponents and supporters of the opposing party.

The court also observed that despite a charge sheet being filed in 2022, the trial had not progressed, mainly due to the accused’s lack of cooperation. It emphasized that allowing the accused to remain on bail would hinder a fair trial. Consequently, the court directed the accused to surrender to the trial court within two weeks, stating that if they failed to do so, the court would use force to ensure their arrest. Once in custody, the accused would be detained until the trial concludes, which the court instructed should happen within six months.

Furthermore, the court mandated that appropriate protection be provided to the complainant and witnesses, urging the Bengal police and home authorities to facilitate their safety and free participation in the trial process. Any violations of these directives could be directly reported to the Supreme Court by the CBI or the complainant.

The FIR against the accused was registered in December 2021 under multiple sections of the Indian Penal Code, including those related to unlawful assembly, rioting, assault, and sexual violence. The complainant, a Hindu, stated that most villagers supported the ruling Trinamool Congress, but a few supported the BJP, which led to targeted violence. He claimed that prior to the election, some villagers campaigning for the BJP faced hostility, including an attack with a bomb at his tea stall. On election result day, a group of 40-50 individuals reportedly gathered and threw bombs at his house, vandalizing and looting it. His wife was assaulted and forcibly undressed; she threatened self-immolation to escape further harm, prompting the attackers to leave.

The following day, when the family approached the police, their complaint was ignored, and they were told to leave the village. After multiple writ petitions highlighting the failure to register FIRs related to post-poll violence, the Calcutta High Court ordered a CBI investigation into cases involving murder and crimes against women. The CBI subsequently filed charges against several accused, including the respondents, for multiple offences, including violence, assault, and sexual assault.