Supreme Court: In a criminal writ petition by Kabir Shankar Bose an advocate and politician invoking Article of the for issuance of a writ of mandamus to transfer the investigation in pursuance of the FIRs against him to any independent agency other than the local police, the Central Bureau of Investigation or Special Investigation Team, the Division Bench of BV Nagarathna and Pankaj Mithal, JJ. allowed the plea and issuing the writ of mandamus directed the State to transfer the FIRs instituted against Bose to CBI, considering that his former father-in-law Kalyan Banerjee is a parliamentarian from the ruling party in the State and Bose belongs to the ruling party at the Centre, the politically charged atmosphere in the State may not be very conducive to a fair investigation being conducted in the instant case.
Background
Bose was married to Kalyan Banerjee’s daughter, a sitting Member of Parliament of TMC from Serampore Lok Sabha constituency and Senior-Advocate of Calcutta High Court. The marriage was dissolved in terms of the settlement between the parties. It was ordered that all pending litigations between the parties would stand quashed. However, Kalyan Banerjee continued to harass Bose and pressurized the state administration to victimise and torture him. Upon request, Bose was granted CISF security owing to political vendetta and threats extended to him allegedly by the State Government and his former father-in-law/ Kalyan Banerjee. In connection to this, Bose alleged that on 06-12-2020 his house and car were surrounded by 200 Trinamool Congress goons when he was about to leave his house at Serampore along with CISF security guards. His life was saved by his guards who also suffered injuries in the melee to protect him. The local police failed to take any action, rather, under political pressure, the FIR in question was registered against him for offences under Sections , , , , , , , , of , followed by another FIR under Sections , , , of . Bose contended that he has a fundamental right to have a fair investigation in connection with FIRs lodged against him.
In connection with the above-mentioned FIRs, Bose was arrested on 07-12-2020, by the local police but was ordered to be released on bail by the Trial Court vide order dated 07-12-2020. Bose contended that being an active politician from BJP, the local police would not carry out a fair investigation in the matter, thus, infringing upon his fundamental right to have a fair investigation and trial. He also submitted that the State has acted oppressively against him and FIRs have been mala fidely lodged against him.
Previously, on 13-01-2021, this Court while issuing notice to the State-respondents, proceedings in pursuance to the FIRs were stayed.
Analysis and Decision
The Court on perusal of the counter affidavit filed by CISF noted that Bose’s vehicle was severely damaged in the alleged incident. The Court also noted that an unruly crowd led by Kalyan Banerjee gathered in front of Bose’s house and tried to manhandle him and the accompanying CISF personnel. The CISF personnel sustained minor injuries and took Bose to his premises on the second floor. The local police, present at the scene, did not permit the CISF reinforcement team to enter the premises. Upon noting the said facts, the Court stated that the possibility that Bose may not get a fair investigation at the hands of the local police or that the local police may not behave cordially with him in the course of the investigation may not be baseless and cannot be brushed aside outrightly or lightly.
The Court reiterated that- “The power to transfer an inquiry or a trial is exercised through the intervention of the constitutional courts in exceptional circumstances and the constitutional courts are expected to use the said extraordinary power sparingly, cautiously and in exceptional situation where it becomes necessary to provide credibility and instil confidence in the investigation or where the incident may have national or international ramifications or where it is necessary for doing complete justice and enforcing fundamental rights.”
Referring to the established authorities on the said subject, the Court noted that in Rubabbuddin Sheikh v. State of Gujarat, it has been concluded that in an appropriate case when the Court feels that the investigation by the police authorities is not in the proper direction, and to do complete justice in the case when the high profile officials are involved in the crime, it is always open to the court to hand over the investigation to an independent agency like CBI.
Following the dictum- the law requires that justice may not only be done but it must appear to have been done, the Court weighed Bose’s case and said that to ensure a fair investigation in the matter at hand, the plea to transfer the investigation in relation to the two FIRs to an independent agency can be considered. Hence, the Court viewed that no prejudice would be caused to either of the parties if the investigation was conducted by an independent agency other than the State police. Thus, considering that Kalyan Banerjee is a parliamentarian from the ruling party in the State and Bose belongs to the ruling party at the Centre, the politically charged atmosphere in the State may not be very conducive to a fair investigation being conducted in the instant case. Moreover, considering that the case involved the investigation of the role of CISF or its personnel which cannot be left in the hands of the local police also for reasons of conflicting interests, the Court issued a writ of mandamus to the State-respondents to handover the investigation pursuant to the two FIRs to the CBI along with all records, for its completion so that, if necessary, the trial may commence and justice is done to the parties.
CASE DETAILS
| Citation: writ petition (Criminal.) No. 416 of 2020 Appellants : Kabir Shankar Bose Respondents : State of West Bengal | Advocates who appeared in this case For Petitioner(s): For Respondent(s): |
CORAM :
BV Nagarathna, J.
Pankaj Mithal, J.
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