The Supreme Court on Friday (September 20) rapped the CBI for making “scandalous allegations” against lower courts in its plea seeking transfer of cases relating to the 2021 post-poll violence cases outside West Bengal. A bench of Justices Abhay S Oka and Pankaj Mithal said the agency cannot cast aspersions on the entire judiciary in West Bengal. "Mr Raju what kind of grounds are taken in this? How can you cast aspersions on entire judiciary. You are showing as if there is a hostile environment in whole West Bengal,” the bench told Additional Solicitor General SV Raju, appearing for the CBI.
“Your officers may not like the judicial officer or a particular state but don't say that the entire judiciary is not functioning. The judges the district judges and civil judges and sessions judges can't come here and defend themselves,” it added.
The law officer defended the averments in the petition and said that there is no intention to cast aspersions and it is a case of loose drafting. Raju withdrew the transfer petition after scathing observation from the apex court.
What did the SC say in its order?
The top court recorded in its order, "Scandalous allegations have been made against all the courts in general in West Bengal. It has been repeatedly averred that there is a hostile environment prevailing in the courts. It is very unfortunate that the central agency has chosen to cast aspersions on courts in West Bengal".
"ASG states that there was no intention to cast aspersions. However the averment are to the contrary. He seeks permission to withdraw," the bench said. The CBI had filed the petition in December 2023 seeking directions to transfer the cases outside of West Bengal due to alleged concerns of witness intimidation.
(With PTI inputs)
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