The Supreme Court, on Friday, September 20, strongly criticized the Central Bureau of Investigation (CBI) for making serious allegations against the judiciary in West Bengal while seeking to transfer the post-poll violence cases out of the state. In response to the sharp rebuke from a bench led by Justices Abhay S Oka and Pankaj Mithal, Additional Solicitor General of India, SV Raju, chose to withdraw the transfer petition.
Justice Oka, addressing ASG Raju, questioned the broad claims made in the petition, noting that it accused all courts in West Bengal of operating under a hostile environment and implied that illegal bail orders were being issued. He emphasized that such blanket statements cast doubt on the entire judiciary's credibility in the state. Raju acknowledged that there had been some poor drafting of the petition and expressed willingness to amend it. However, the court insisted the petition be withdrawn altogether.
The bench pointed out the gravity of the claims, stating that allowing the transfer would essentially endorse the view that the judiciary in West Bengal was not functioning properly. They remarked that while government officers may have grievances with particular judicial officers, it is unacceptable to undermine the entire judicial system in the state.
The Supreme Court also noted that the CBI’s petition, filed in December last year, made repeated allegations of a hostile atmosphere in West Bengal’s courts. This led the bench to describe the assertions as "scandalous" and "unfortunate," asserting that the judiciary, including district and civil judges, should not have to defend their integrity in such a manner.
Although ASG Raju claimed there was no intention to malign the judiciary, the court stated that the wording of the petition suggested otherwise. Following this, Raju sought and received permission to withdraw the petition. However, the court made it clear that objections to any future transfer requests would remain open.
The transfer petition was initially filed in response to concerns over witness intimidation and threats to the justice process in West Bengal. The Supreme Court had earlier issued notice on the petition in February of this year.
The case in question is Central Bureau of Investigation v. State of West Bengal & Ors. | Diary No. 51357 of 2023.
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