If the attending circumstances create a reasonable doubtRAJESH BINDAL, CHIEF JUSTICE (ACTING)
in the minds of the court that a fair investigation may not be possible
with the state machinery being manipulative or tardy or partial, it is
always desirable that an external Investigative Agency maybe
constituted to revisit and re-examine the complaints and the steps
taken by the investigating agency of the state to be monitored by the
Court. It is only on the basis of an impartial assessment of all the
complainants and reports, a fair conclusion should be reached,
keeping in mind that no person should be unnecessarily harassed and
prosecuted irrespective of his position, power and status.
I hope and trust that the investigating agency constituted
by the court and the CBI would maintain integrity, impartiality,
honesty and good faith. The institutional independence of the
agencies should be of paramount consideration and should be
maintained throughout at costs.
RAJESH BINDAL, CHIEF JUSTICE (ACTING)
A separate SIT, with senior officers from the West Bengal cadre, will be set up to probe the other allegations.
This seems to be a major setback for the Mamata Banerjee-led West Bengal government, as Calcutta high court ordered a Central Bureau of Investigation (CBI) probe into the allegations of post-poll violence in the state.
A seven-member committee set up by the National Human Rights Commission (NHRC) had earlier looked into the incidents of violence following the West Bengal assembly elections and recommended a court-monitored CBI probe.
CBI will probe the allegations of murder and rape, raised shortly after the overwhelming victory of the Trinamool Congress (TMC) against rival Bharatiya Janata Party (BJP) in these elections.
The Calcutta high court also directed that a separate Special Investigation Team (SIT), with senior officers from the West Bengal cadre, be set up to probe the other allegations.
This SIT will comprise three IPS officers — Soumet Mitra, Suman Bala Sahoo, and Ranbir Kumar. The proceedings shall be monitored by a retired judge of the Supreme Court; a detailed order regarding this will be issued later, the Calcutta high court said.