Protection from arrest upheld for accused in West Bengal poll violence case

Protection from arrest upheld for accused in West Bengal poll violence case

In a recent development, the Supreme Court has reaffirmed its earlier decision to grant protection from arrest to 13 individuals accused of the murder of a political leader during the 2021 assembly elections in West Bengal. The bench, comprising Justices J K Maheshwari and Sudhanshu Dhulia, took note of the accused's cooperation during the investigation and their consistent presence in the trial proceedings.

The apex court had initially issued an order on November 25, 2022, stating that no coercive measures would be taken against the accused as long as they continued to cooperate with the investigation. The recent confirmation of this order by the bench marks a significant development in the legal proceedings.

The disposed plea emphasized that the petitioners must maintain their cooperation throughout the trial and appear regularly before the trial court until any exemption is granted on reasonable grounds. Additionally, the court explicitly directed that the accused should not attempt to influence witnesses during the trial.

The case revolves around Momrej Molla, the lead petitioner, and others, and was investigated by the Central Bureau of Investigation (CBI). Represented by senior advocate Siddharth Dave, the accused had faced a setback when, on June 25, 2022, the Calcutta High Court overturned the anticipatory bail granted to them by the trial court.

The incident in question involves the brutal beating of Haran Adhikari, a local leader, due to apparent political enmity, resulting in his tragic demise. Subsequently, the police filed a case against 17 individuals, all of whom had obtained anticipatory bail from the district court. However, the case was later transferred to the CBI for further investigation.

 

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