Dead Man Still Alive: Kapil Sibal in a plea for WB govt against CBI probe in the post-poll violence case

Dead Man Still Alive: Kapil Sibal in a plea for WB govt against CBI probe in the post-poll violence case

The Hon’ble SC on Monday adjourned the hearing of a petition filed by the State of West Bengal challenging the High Court’s direction for CBI investigation into the cases of murder, rapes, and crimes against women committed during the post-poll violence in West Bengal. 

A bench consisting of Justice Vineet Saran and Aniruddha Bose adjourned the hearing to September 28 for the final hearing. The bench adjourned the hearing when the counsel representing West Bengal Government Senior Advocate Kapil Sibbal asked the court to grant him 2-3 hours for the submission of the documents. 

Mr. Sibbal, on Monday, submitted to the court that the CBI inquiry was ordered without proper ascertainment of facts. He pleaded that “in certain cases where there is an allegation that the investigation is subdued, the courts take facts into consideration and order for CBI inquiry with a prima facie conclusion”. He further added that the present case was en masse transferred to CBI. The person who was allegedly murdered is still alive, he added.

CBI is investigating matters of dacoity in the grab of investigating post-poll violence, he contended. Senior Advocates Harish Salve and Mahesh Jethmalani were also appearing on the caveat of the petitioner.  

After analyzing the scenarios the court adjourned the matter to 28 September for a final hearing. The state government alleged that the CBI investigation is at the behest of the Centre hence doubted its fairness. On August 19, Calcutta High Court ordered for the CBI inquiry into post-poll violence cases of rape, murder, and offenses against women.

Drishti Miglani
I am Drishti Miglani, a fifth-year BBA-LLB student at Banasthali Vidyapith, Rajasthan. Being a first-generation lawyer, I am a highly motivated individual who is always keen on providing my level best at any task. My area of interest is criminal and constitutional law however isn't limited to the same. I am extremely enthusiastic about research and love the opportunity to expand my horizons of knowledge. I am an extremely unbiased individual who makes her opinion on a matter only after the analysis of a subject at the most minute details. I love to connect with people and know more about them, their culture, background. I look for opportunities to implement my skills and knowledge and gain some experience out of it.