Court Orders Transfer of Investigation to CBI in Politically Charged Case Involving CISF Personnel.


04 December 2024 FIR >> Criminal Law   |   Investigation >> Criminal Law  

In a significant legal development of Kabir Shankar Bose v/s State of West Bengal & Others, the Supreme Court has intervened to ensure a fair investigation in a politically sensitive case involving an advocate-turned-politician, who had been implicated in two FIRs in West Bengal. The petitioner, a practicing lawyer and a member of the Bharatiya Janata Party (BJP), has sought the Court's intervention under Article 32 of the Constitution, citing concerns over the impartiality of the local police in investigating the charges. The FIRs, lodged in December 2020, accuse him of various serious offenses including attempted murder, assault, and outraging the modesty of a woman, all linked to an incident involving CISF personnel.

The petitioner contends that the local police, under political pressure from the ruling party in the state, are unlikely to carry out an unbiased investigation. He alleges that the complaints are politically motivated, with personal animosities stemming from his divorce from the daughter of a sitting Member of Parliament (MP), who is affiliated with the ruling party in West Bengal. The petitioner further claims that the political environment in the state is highly charged, which could compromise the integrity of the investigation.

 
 

Initially, the Supreme Court stayed the proceedings in January 2021, preventing the local police from proceeding with the investigation. The petitioner argued that the investigation should be handed over to an independent agency like the Central Bureau of Investigation (CBI), citing fears that the local police might not act impartially due to political influences. The Court considered the history of political tensions, including the petitioner’s active role in the BJP’s election campaign in the region, and the political rivalry with the respondent, who belongs to the ruling Trinamool Congress (TMC) party.

The Court acknowledged the petitioner’s allegations of harassment and threats, including an incident where a mob allegedly surrounded the petitioner’s house and car, leading to an altercation with CISF personnel. Despite this, the local police had registered two FIRs against the petitioner, which the petitioner argued were based on fabricated versions of the events.

The central issue before the Court was whether the investigation should be transferred from the local police to an independent agency, such as the CBI. The Court referenced past judgments that highlighted the necessity for credible investigations, especially when political figures or sensitive state interests are involved. It noted that an independent investigation was crucial not only to maintain fairness but also to ensure that justice was visibly done. The involvement of CISF personnel in the incident further complicated matters, making it inappropriate for the local police to investigate their conduct.

After considering the peculiar facts of the case, including the politically charged atmosphere and the involvement of a high-profile MP from the ruling party, the Court decided that the investigation should be transferred to the CBI. This decision aims to ensure the investigation's credibility and to expedite the process, which had stalled due to the interim stay. The Court issued a writ of mandamus directing the state authorities to hand over the case to the CBI, allowing it to complete the investigation and proceed with any subsequent legal proceedings.

This case underscores the Court’s commitment to ensuring fair and impartial investigations, especially in matters where political rivalry, public figures, and law enforcement are intertwined. The ruling also serves as a reminder that courts can exercise their constitutional powers to transfer investigations when necessary to safeguard the integrity of the legal process.