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The Supreme Court Today asked Counsel to submit a short note and a chart regarding in a plea by West Bengal Government, challenging order of the Calcutta High Court which directed the Central Bureau of Investigation to investigate the post-poll violence.

A divisional bench of Justice Vineet Saran and Justice Aniruddha Bose has posted the matter for further hearing on another day stating that we'll hear it on Friday or Monday.

The plea states that the High Court has acted erroneously by not providing an appropriate opportunity to the State and by relying upon the National Human Rights Commission committee report in the cases concerning the Post Poll Violence issues.

The Calcutta High Court had directed that all cases as per the report of the committee where allegations are murder, crimes against women to be referred to CBI for investigation.

Senior Advocate Kapil Sibal submitted that the committee appointed by the NHRC seemed like “a BJP committee” and where another member of the Committee was member of the BJP mahila morcha.

“Court has also not prescribed any procedure to be followed during the collection of the data,” Sibal added.

The bench has asked Sibal to submit a chart and asked both the Respondents and Petitioner to submit a 2 page note over the matter while posting the matter for further hearing.

What did the High Court said: 

The Calcutta High Court directed that all cases as per report of committee where allegations are murder, crimes against women to be referred to CBI for investigation.

For all other cases, a Special Investigation Team is constituted, comprising West Bengal IPS officers.

To be headed by Suman Bala Sahu and to consist of Suman Mitra and Ranvir Kumar.

The SIT will be entitled to take assistance of any agency for fair investigation and will be monitored by an SC retired judge.

The autopsy report of Abhijeet Sarkar and other sealed cover documents are to be handed over to the CBI. Any other documents to be handed over to the SIT.

The court has notably directed for the State of West Bengal to pay compensation to victims of crime.

CBI & SIT have further been directed to submit status report within 6 weeks, and the State of West Bengal has been ordered to commit cooperation with CBI and other authorities. 

Case Title: The State of West Bengal Vs. Union of India and Ors.