The Supreme Court has set aside the Calcutta High Court's decision to order a CBI probe into the attack on Union Minister Nishith Pramanik's convoy. Hearing the Bengal government's application, a bench of Chief Justice DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala remanded the case back to the Calcutta High Court and ordered a fresh look.

The Supreme Court said in its decision that "the High Court should see whether the West Bengal Police investigated the entire matter in a transparent manner or the case should be sent to the CBI. We set aside the order of the Calcutta High Court dated 28th March 2023 and remand the matter to the High Court."

The Supreme Court also said that the High Court did not properly look into all the aspects of the record produced by the State Government and did not even apply its mind. Especially the affidavit in which the government had told what steps have been taken by the police administration.

It has been told in this affidavit that on the basis of the CIST complaint, the police registered another case against 30 people. This material was before the High Court and was also apprised of the arrests of 21 persons. Despite this, the High Court did not pay attention to any point in its decision.

The High Court had said in its order that since the allegations are against the workers of the ruling party, there is a possibility that the state police may not conduct the investigation in a transparent manner. Especially in such a situation when the other side is a worker of the biggest opposition party in the state. The High Court had also noted that the incident took place on 25th February 2023, yet an FIR was registered on 26th February and a police report dated 3rd March said that the investigation is still at an initial stage.

BJP MLA and Leader of Opposition in Bengal Shubhedu Adhikari had approached the High Court alleging that after the attack on Nishith Pramanik's convoy, the police personnel present there did not take any action. After that, the workers of the ruling Trinamool Congress also attacked the party office of the BJP.

The CBI has the power of investigation under Section 2 of the DSPE Act, 1946, primarily in cases notified by the Center and in Union Territories. If a state requests the Central Government for a CBI investigation, the Center can recommend it.

The Supreme Court and the High Court can also order a CBI inquiry. However, the magistrate does not have the power to order a CBI probe. CBI itself can start investigation by taking cognizance of any case or on the basis of complaint of people.

Case Details:-

Special Leave to Appeal (Crl.) No(s).4430/2023
THE STATE OF WEST BENGAL & ORS.
 VERSUS
SUVENDU ADHIKARI & ORS.