Justice Indira Banerjee of the Supreme Court on Friday recused from hearing a petition seeking CBI/SIT probe into the killings of two BJP workers during the post-poll violence unleashed by the cadres of TMC, Lawbeat reported.
A division Bench of Justice Indira Banerjee and Justice MR Shah was hearing a writ petition filed by Biswajit Sarkar, brother of deceased BJP member who was murdered by Trinamool Congress members during the post-poll violence in West Bengal.
As soon as the matter was taken up Justice Indira Banerjee said, “I have some difficulty in hearing this matter. Let this matter be listed before another bench”.
The vacation bench also comprising Justice M R Shah ordered, “List the matter before another bench in which Justice Banerjee is not part”.
Though Solicitor General Tushar Mehta requested for the listing of the matter on coming Tuesday, the bench said that it may not be proper on its part to give any listing date as the presiding judge was recusing.
On May 25, a vacation bench of Supreme Court had sought the response of West Bengal government on a petition seeking probe by the Central Bureau of Investigation (CBI) into the killings of two BJP workers in the post poll violence that rocked the State.
The plea was a filed by Biswajit Sarkar, whose elder brother was killed and co-petitioner Swaranalata Adhikari, whose husband was killed in poll related violence.
The petitioners contended that this is a very serious case and state has not been taking any action into the brutal killing of two BJP workers, which happened on the day of counting of votes for assembly elections in the state.
The petitioners demanded probe by an agency like CBI or a SIT under court’s supervision, as the state police has not been taking any action despite a complaint being made.
The plea filed by advocate Sarad Kumar Singhania alleged that Abhijit Sarkar, was killed on May 2, by a mob comprising 20 supporters of theTrinamool Congress party.
It said that the mob entered the house of Biswajit Sarkar, dragged his elder brother (Abhijit) and killed him in front of his mother and other family members.
“Petitioner No.1 (Biswajit Sarkar), his mother who was also molested are the eye witnesses of this gruesome murder, while Petitioner No.2 (Swaranalata Adhikari) is the widow of Haran Adhikari, who was a local booth worker at Booth No.199A at Sonarpur Dakshin Vidhan Sabha.
He was attacked with bricks, sticks, spades, and shovels at his home and brutally killed in the presence of his 80 year old father, who was also kicked”, the plea said.
It said that the Petitioners, who are both victims and eye witnesses have been constrained to invoke the extraordinary writ jurisdiction of this Court seeking fair investigation by a Court appointed Special Investigation Team (SIT) into the murders and large scale incidents of violence unleashed at the behest of a particular political party.
The plea said that the court should also examine “the failure of the State administration which while identifying itself with this vengeful cause of the ruling political party in the State has chosen to turn a blind eye leaving victims of these crimes remediless as the entire genocidal attacks are part of a well thought of political design of the party in power to take political revenge after declaration of results of assembly elections on May 2, 2021”.
It further said that there are series of such well planned attacks with the active connivance, knowledge, support and at times participation of the local police under the instructions of the State Government.
The plea also sought direction to monitor the investigation, trial and the progress of criminal cases emanating from the incident and attacks occurring in the aftermath of the assembly elections in the state of West Bengal.
It also sought transfer of two murder cases registered in police station Narkeldanga and Sonarpur to be transferred to CBI or such another SIT as may be appointed by this court.
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