The state government in its special leave petition alleged that it did not expect fair and just investigation by the central agency which is busy foisting cases against the functionaries of ruling Trinamool Congress Party.
West Bengal Chief Minister Mamata Banerjee has moved the Supreme Court challenging the Calcutta high court's denial for filing of affidavits by her and state Law Minister Moloy Ghatak on their role on the day of arrest of four Trinamool Congress leaders on May 17 by the Central Bureau of Investigation in connection with the Narada sting tape case.
"The Election Commission, in my opinion, is theoretically correct. But, it is also true that the Election Commission had directed the administration to transfer officials with administrative duties and post them according to its direction at the time when it was in charge of the election. "If offences had occurred as a consequence of the polls, it was also the duty of the Election Commission at least to direct or advise the administration to register the complaints which it did not," Justice IP Mukerji observed.
Supreme Court judge Justice Aniruddha Bose on Tuesday recused himself from hearing appeals of West Bengal Chief Minister Mamata Banerjee and state law minister Moloy Ghatak about their role on the day of arrest of four TMC leaders by the CBI in the Narada sting tape case.
The scheme initially envisaged conferment of proprietary rights of around 20.55 lakh kanals of land (1,2,50 hectares) to occupants of which 15.85 per cent of land was approved for vesting of ownership rights.
The Supreme Court on Friday annulled the Calcutta high court's June 9 order refusing to take on record the reply-affidavits of West Bengal, Chief Minister Mamata Banerjee and state Law Minister Moloy Ghatak on their role on the day of arrest of four Trinamool Congress leaders on May 17 by the Central Bureau of Investigation in Narada scam case.
Senior advocate Kapil Sibal, appearing for the state government, pointed to the members of the committee that has been formed to investigate the incidents and said, "Can you imagine these people have been appointed to collect the data? Is this a BJP investigating committee my Lords?"
The committee, which was formed by the National Human Rights Commission chairman on a direction by a five-judge bench of the high court, also said that these cases should be tried outside the state.
Senior advocate Kapil Sibal, appearing for the state, told a bench comprising Justices Vineet Saran and Aniruddha Bose that whenever there is an allegation that a probe is not being carried fairly, the court takes the facts into account and then transfers the case to CBI after a prima facie conclusion.
The division bench said it deemed it appropriate to stay the special court's order and direct that the "accused person shall be treated to be in judicial custody till further orders".
Observing that there are "definite and proved" allegations that complaints of the victims of violence in the aftermath of the West Bengal assembly polls were not even registered, the Calcutta high court on Thursday ordered a Central Bureau of Investigation probe into all alleged cases of heinous crimes like rape and murder, while accepting the recommendations of a National Human Rights Commission panel.
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