The Supreme Court on Thursday set aside a Calcutta High Court's March 28 order for a CBI probe on the attack on the convoy of Union Minister of State for Home Affairs Nisith Pramanik allegedly by Trinamool Congress party workers on February 25.
The court asked the High Court to take a fresh look at the matter, including the objection on the maintainability of the writ petition by BJP leader Shuvendu Adhikari.
A bench of Chief Justice of India D Y Chandrachud and Justices P S Narasimha and J B Pardiwala said the High Court has relied upon certain extracts of an affidavit filed by the police and has not dealt with the status report where it showed the action taken in the matter.
The court asked the High Court to consider if the West Bengal police has probed the incident, or if it is fit for transfer to the CBI.
“We allow the appeal and set aside the March 28 order of the Calcutta High Court order and restore the matter back at the High Court. We keep the objection to the maintainability of the plea open”, the bench said.
The court rejected a plea by senior advocate P S Patwalia, appearing for Adhikari, to direct the status quo into the matter as he feared that the West Bengal police, which has yet not handed over the case files to the CBI, would finish the probe as per own discretion with lightening speed.
Senior advocates A M Singhvi and Gopal Sankaranarayanan, appearing for the West Bengal government and the police respectively, contended the HC should not have entertained the writ petition by the Leader of Opposition.
On February 25, the vehicle of Pramanik was attacked allegedly by Trinamool Congress activists at Burihat under the Dinhata Assembly constituency in Cooch Behar while it was passing through the area.
The situation got tense as Trinamool and BJP supporters clashed with each other, throwing brickbats and stones, smashing the glass window of Pramanik's car in the process.
The minister, however, did not sustain any injury as his security personnel safely escorted him out of the area, which by then had turned into a virtual battlefield.
Pramanik alleged that besides stones and bricks, the ruling party workers also hurled crude bombs targeting his convoy, his security personnel, and local BJP supporters.
On March 16, the West Bengal government had submitted a report to a division bench of the Calcutta High Court on this count, where the associates accompanying the Union minister’s convoy were held responsible for instigating the violence.
The High Court directed the CBI probe in the matter also noting the delay in lodging the FIR on a complaint filed by a CISF officer, part of the security arrangement of the Minister.