New Delhi [India], June 4 (ANI): The Supreme Court has recently slammed Trinamool Congress (TMC) workers and cancelled the bail of five person who were accused of targeted families for supporting BJP during the 2021 in West Bengal, saying such incidents were “grave attacks on the roots of democracy”.
A bench of Justices Vikram Nath and Sandeep Mehta said the allegations against the accused, who are the workers of the Mamata Banerjee-led TMC, are “so grave” that the same have an “adverse impact” on society at large and “shake the conscience of the Court”.
The apex court also noted it was revealed that around 40-50 heavily armed assailants vandalised and looted the complainant’s house, pulled his wife by her hair, forcibly undressed her and then sexually abused her. She was able to escape after she threatened to set herself ablaze by pouring kerosene on herself.
“The concerted attack on the complainant’s house was launched on the day of the election results with the sole objective of wreaking vengeance because he had supported the saffron party,” stated the verdict.
“This is a grave circumstance which convinces us that the accused persons including the respondents herein, were
trying to terrorise the members of the opposite political party whom the accused respondents were supporting. The reprehensible manner in which the incident was perpetrated shows the vengeful attitude of the accused persons and their avowed objective to subdue the supporters of the opposite party into submission by hook or by crook. The dastardly offence was nothing short of a grave attack on the roots of democracy,” it added.
The apex court further said releasing the accused on bail is likely to “create a sense of fear and terror” amongst the society, or that the accused, while on bail, may abscond or tamper with the prosecution evidence.
“Releasing the accused respondents on bail is likely to create a sense of fear
and terror amongst the society or that the accused, while on bail, may abscond or tamper with the prosecution evidence,” the bench said as it set aside bail granted by the Calcutta High Court order to five accused.
It further said that the accused persons have an imminent propensity to adversely affect the proceedings of the trial.
“Having regard to the facts enumerated above, we feel that the present one is a case wherein the allegations against the accused respondents are so grave that the same shake the conscience of the Court. Furthermore, there is an imminent propensity of the accused persons adversely affecting the proceedings of the trial,” it said.
It further noted that the officer in-charge had refused to register an FIR on May 3, 2021 and asked the complainant’s family to leave the village for their safety.
The bench slammed the West Bengal police for refusing to register an FIR linked to the 2021 post-poll violence wherein a BJP supporter’s house was vandalised, and his wife was sexually assaulted.
The top court said the local police’s approach lends credence to the complainant’s apprehension about the clout and influence that the accused have over the locality and even the police.
It noted that FIR in the case registered only upon intervention by the High Court directing on August 19, 2021, the CBI to investigate all the cases where the allegations involve crime of murder and crime against women regarding rape it attempt to rape.
The bench further recorded the submission of the CBI, which approached the apex court against the bail granted to six men, stating that CBI officials were not receiving the required cooperation from the local police. Thus, the culmination of the investigation took almost one and a half years.
It noted that the charge sheet in the case was filed in 2022, and to date, the trial has not budged an inch. The prosecution has alleged that this delay is mostly attributable to non-cooperation by the accused persons, whose fact is palpably established from the record, said the bench.
“In this background, we feel that there is no possibility of a fair and impartial trial being conducted if the accused respondents are allowed to remain on bail. Thus, on both counts, i.e., (i) the nature and gravity of the offence, which is nothing short of an attack on the roots of democracy, and (ii) the imminent likelihood of the accused adversely affecting a fair trial, the bail granted to the accused respondents has to be cancelled,” the verdict stated.
Hence, it asked six accused to surrender before the trial court within two weeks from today, failing which, the trial court shall adopt coercive measures to secure their presence.
The top court also directed the trial court to expedite the proceedings and try to conclude the trial within six months.
It directed the West Bengal’s Home Secretary and the Director General of Police to ensure proper protection is provided to the complainant and all other material witnesses so that they can freely appear and depose at the trial without fear or apprehension.
Several incidents of violence were reported at various places after the assembly poll results were announced on May 2, 2021. (ANI)
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