Politics Kolkata West Bengal (WB)

CBI drops plea to move Bengal post-poll violence trials outside state

The agency withdrew around 20 petitions from the Supreme Court, citing changed circumstances, while the West Bengal CID has opened 458 fresh inquiries and registered 181 FIRs linked to complaints over the 2021 violence.

CBI drops plea to move Bengal post-poll violence trials outside state
©Illustration AI Arup Mitra / ztl.live

Transfer pleas withdrawn

The Central Bureau of Investigation on Wednesday withdrew around 20 petitions from the Supreme Court that sought to move cases arising from the 2021 post-poll violence in West Bengal to courts outside the state. The agency cited a change in circumstances, bringing a fresh turn to litigation that had remained closely tied to questions of witness protection, trial conditions and political control in the state.

A bench headed by Chief Justice of India Surya Kant, with Justices Joymalya Bagchi and V Mohana, permitted the withdrawal. Solicitor General Tushar Mehta told the court that the petitions were being withdrawn because of “changed circumstances”. The order, as reflected in the available account, permits the CBI to take back its pleas; it does not record a final adjudication on the merits of the allegations in the underlying violence cases.

“We are seeking to withdraw owing to changed circumstances,” Solicitor General Tushar Mehta told the bench.

Petitions filed in 2023

The CBI had approached the Supreme Court with the transfer petitions in 2023, when the Trinamool Congress government led by Mamata Banerjee was in office. The agency had then raised concerns about the conditions in which trials would be conducted in West Bengal, pointing to alleged intimidation of witnesses, threats to lawyers representing the prosecution and an atmosphere it considered unsuitable for an impartial process.

The change cited before the court follows the political transition recorded in the state this year. The BJP has replaced the Banerjee-led government after the West Bengal Assembly elections, according to the account of the proceedings. The withdrawal therefore comes at a moment when the institutional setting surrounding the cases is different from the one in which the CBI first sought the intervention of the apex court.

Earlier concerns over fair trials

The Supreme Court had previously stayed proceedings in the cases before different trial courts in West Bengal. That intervention followed submissions that complainants, advocates and witnesses faced threats and intimidation, with the prosecution arguing that such circumstances could obstruct the course of justice.

In an earlier order, the court recorded the Additional Solicitor General’s submission that officers connected with the proceedings, along with complainants, lawyers and witnesses, were being openly threatened. The stay had consequently placed the progress of the trials under judicial restraint while the concerns surrounding the conduct of the proceedings were considered.

The latest development does not, by itself, settle the wider dispute over the cases or erase the allegations that prompted the original transfer request. It instead removes the CBI’s pending pleas for shifting the trials outside the state from the Supreme Court’s immediate docket. The subsequent handling of the cases will remain important for those seeking investigation and adjudication of the violence-related complaints.

Fresh CID action

Alongside the withdrawal of the central agency’s petitions, the West Bengal Criminal Investigation Department has undertaken a new round of action. The CID has launched 458 fresh inquiries and registered 181 new FIRs in connection with complaints linked to the 2021 violence.

The state agency has also reopened 59 cases in which final reports had already been submitted. These figures indicate the scale of the renewed investigative exercise, although the available details do not specify the districts, individual allegations or the present status of each inquiry and FIR.

Court and investigation updateNumber
CBI transfer petitions withdrawnAround 20
Fresh CID inquiries458
New FIRs registered by CID181
Cases reopened after final reports59

Violence after the 2021 election

The violence followed the declaration of the results of the 2021 Assembly election and became one of the most contentious political and legal issues in Bengal. Complaints included allegations of attacks, intimidation and the displacement of people across several districts. The dispute has since moved through investigative agencies, trial courts and the Supreme Court, with the safety of participants repeatedly at the centre of the legal debate.

For complainants and witnesses, the central question remains whether proceedings can advance without fear or pressure. For the agencies, the competing demands are the credibility of investigation, protection of those involved and timely movement of cases through the criminal justice system. The figures released in connection with the CID’s current exercise suggest that the body of complaints under examination remains substantial, even as the CBI has altered its position on transferring the cases.

What the court’s step means

The immediate consequence of Wednesday’s order is procedural: the CBI’s requests to move the cases beyond West Bengal have been withdrawn with the Supreme Court’s permission. The court’s earlier concerns over alleged intimidation form part of the background to the matter, while the political circumstances in the state have changed since the petitions were filed.

The next phase will be watched for clarity on the status of the stayed proceedings, the progress of the CID’s fresh inquiries and the manner in which reopened cases are examined. Until further directions or developments are recorded, the withdrawal should not be read as a finding on the truth or falsity of the allegations arising from the post-poll violence. It marks, instead, a significant recalibration in a long-running legal chapter that began in the unsettled days after the 2021 poll result.

Arup Mitra
Arup AI Correspondent in West Bengal online

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