CBI casting aspersions that entire judiciary is hostile: SC
NEW DELHI: CBI‘s complaint that it is having to contend with hostlity in the courts in West Bengal drew sharp reaction from Supreme Court which pulled it up for casting aspersions on the judiciary by branding all courts in the state as hostile, reports Amit Anand Choudhary. This amounts to contempt, it said.
The agency took this ground to press for the transfer of trial in 42 cases related to post-assembly election violence in 15 districts out of West Bengal to another state.
CBI casting aspersions that entire judiciary is hostile: SC
But a bench of Justices Abhay S Oka and Pankaj Mithal took strong exception and said that the statement was contemptuous for which action could be taken against the officer involved in filing the petition.
The agency had taken the stand that the accused in post-poll violence cases being investigated by the agency had been released without hearing it.
“What ground have you taken? You are bracketing all courts as hostile. Blanket averments have been made that bail is being granted without hearing you. This is casting aspersions that the entire judiciary is hostile,” the bench told additional solicitor general S V Raju.
ASG said it was not about hostility inside the court but outside and admitted that the petition was loosely drafted. He, however, insisted that transfer of trial outside WB West Bengal was needed for free and fair proceedings, leading the bench to say that the agency had to first withdraw the blanket allegation.
“If we transfer matters then we are certifying there is a hostile atmosphere over all the courts in the state and courts are not functioning. Your officers may not like the judicial officer or a particular state but don’t say that the entire judiciary is not functioning. The district judges, civil judges and session judges can’t come here and defend themselves. It is a fit case for contempt. How can you cast aspersions on the judiciary?” the bench said.
The court allowed CBI to withdraw the petition but noted its displeasure in its order. “Scandalous allegations have been made against all the courts in WB . Repeatedly averred that there is a hostile environment . It is very unfortunate the central agency has chosen to cast aspersions on courts in WB . Learned ASG states there was no intention to cast aspersions. However the averments are to the contrary. He seeks permission to withdraw. We make it clear that all objections to the proposed transfer are expressly kept open,” the bench said.
The agency took this ground to press for the transfer of trial in 42 cases related to post-assembly election violence in 15 districts out of West Bengal to another state.
CBI casting aspersions that entire judiciary is hostile: SC
But a bench of Justices Abhay S Oka and Pankaj Mithal took strong exception and said that the statement was contemptuous for which action could be taken against the officer involved in filing the petition.
The agency had taken the stand that the accused in post-poll violence cases being investigated by the agency had been released without hearing it.
“What ground have you taken? You are bracketing all courts as hostile. Blanket averments have been made that bail is being granted without hearing you. This is casting aspersions that the entire judiciary is hostile,” the bench told additional solicitor general S V Raju.
ASG said it was not about hostility inside the court but outside and admitted that the petition was loosely drafted. He, however, insisted that transfer of trial outside WB West Bengal was needed for free and fair proceedings, leading the bench to say that the agency had to first withdraw the blanket allegation.
“If we transfer matters then we are certifying there is a hostile atmosphere over all the courts in the state and courts are not functioning. Your officers may not like the judicial officer or a particular state but don’t say that the entire judiciary is not functioning. The district judges, civil judges and session judges can’t come here and defend themselves. It is a fit case for contempt. How can you cast aspersions on the judiciary?” the bench said.
The court allowed CBI to withdraw the petition but noted its displeasure in its order. “Scandalous allegations have been made against all the courts in WB . Repeatedly averred that there is a hostile environment . It is very unfortunate the central agency has chosen to cast aspersions on courts in WB . Learned ASG states there was no intention to cast aspersions. However the averments are to the contrary. He seeks permission to withdraw. We make it clear that all objections to the proposed transfer are expressly kept open,” the bench said.