The Supreme Court permitted the CBI to withdraw its plea seeking the transfer of 2021 West Bengal post-poll violence trials outside the State. (Img: X)
New Delhi: The Central Bureau of Investigation (CBI) on Wednesday withdrew its plea before the Supreme Court seeking the transfer of trials in cases relating to the 2021 West Bengal post-poll violence to courts outside the State.
Solicitor General Tushar Mehta, appearing for the agency, sought permission to withdraw the proceedings, citing a change in circumstances. The Supreme Court permitted the withdrawal.
The transfer petitions were filed amid concerns raised by the investigating agency regarding the safety of witnesses and the possibility of intimidation during the conduct of trials in West Bengal.
The agency had approached the Supreme Court seeking the relocation of trials arising from the violence that followed the 2021 West Bengal Assembly elections. It had expressed apprehensions that witnesses could face pressure and that the circumstances prevailing in the State could affect the fairness of the proceedings.
The CBI had also relied on recommendations made by the National Human Rights Commission (NHRC), which had called for cases involving serious offences connected with the post-election violence to be tried outside West Bengal.
The transfer request was intended to ensure that the proceedings could take place without external interference and that witnesses would be able to testify freely.
The CBI's plea had previously attracted criticism from the Supreme Court. In September 2024, a Bench comprising Justices Abhay S Oka and Pankaj Mithal questioned the agency's broad allegations concerning the functioning of courts in West Bengal.
The Bench expressed reservations about portraying the State's judicial system as generally incapable of conducting fair trials, observing that such assertions could cast unwarranted aspersions on the judiciary as a whole.
The Court stressed the need for specific grounds when seeking the transfer of criminal proceedings, rather than relying on sweeping allegations against the judicial institutions of an entire State.
The cases stem from allegations of attacks, intimidation and other criminal offences reported after the 2021 West Bengal Assembly elections, in which the Trinamool Congress returned to power.
The violence triggered several investigations and judicial proceedings. The CBI was entrusted with investigating a number of serious offences arising from the incidents.
With the withdrawal of the transfer petitions, the Supreme Court has not adjudicated the merits of the agency's request to shift the trials outside West Bengal. The withdrawal also does not determine the merits of the underlying criminal cases, which remain subject to proceedings in the competent courts.
