Attack on Nisith Pramanik’s convoy in Cooch Behar | Supreme Court sets aside Calcutta High Court judgment transferring investigation to CBI

The Supreme Court on April 13 set aside a Calcutta High Court judgment transferring the investigation into the alleged attack on the convoy of Union Minister of State for Home Nisith Pramanik in Cooch Behar district of West Bengal to the Central Bureau of Investigation (CBI).

The Supreme Court on April 13 set aside a Calcutta High Court judgment transferring the investigation into the alleged attack on the convoy of Union Minister of State for Home Nisith Pramanik in Cooch Behar district of West Bengal to the Central Bureau of Investigation (CBI).

A three-judge Bench led by Chief Justice of India D. Y. Chandrachud remitted the case back to the High Court for a fresh look at the evidence collected, investigation undertaken and arrests made by the West Bengal Police on FIRs registered in the case.

The Bench said the High Court had used its exceptional powers to transfer the case to the CBI without considering portions of the affidavit filed by the Superintendent of Police which had detailed the steps taken by the police.

The affidavit, the court said, had narrated how the police had tracked down CCTV footage and video recordings of the alleged incident. A total of 24 arrests were made in two FIRs and another five persons were arrested in six specific cases of house damage on the basis of complaints filed by workers of the Opposition BJP.

The allegation was that workers of the ruling Trinamool Congress had carried out the attack when Mr. Pramanik was visiting his Parliamentary constituency of Dinhata in West Bengal on February 25, 2023.

The apex court said the High Court should take a fresh view of whether the investigation was fair and if there was a need to hand over the probe to the Central agency. The court’s decision came in an appeal filed by the State of West Bengal against the March 28 judgment of the High Court in a public interest petition filed by Suvendu Adhikari, the Leader of Opposition in the West Bengal Legislative Assembly.

The Bench left it open to the State to contest the maintainability of Mr. Adhikari’s petition in the High Court. The High Court had held that the attack on the Minister was of a serious nature. It had concluded that the police had delayed the registration of FIRs despite a complaint from the CISF security officers of the Minister.