A bench of Justices Vineet Saran and B R Gavai issued notice to West Bengal government and the Centre on the plea filed by Biswajit Sarkar, whose elder brother was killed and co-petitioner Swaranalata Adhikari, whose husband was killed in poll related violence.
The bench said that it would hear the matter on May 25 and asked senior advocate Mahesh Jethmalani to serve the copy of the petition to standing counsel of the state government.
At the outset, Jethmalani said 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.
He said that this is a matter which requires probe by a agency like CBI or a SIT under court supervision, as the state police has not been taking any action despite a complaint being made.
“The murders took place when election results were declared in West Bengal. One of the petitioners is the younger brother of a BJP worker, who was murdered and the other petitioner is the wife of the deceased,” he said.
Jethmalani said that there is total inaction by state and police has tried to subvert the investigation.
“This was even encouraged by the state administration”, he alleged.
The bench asked senior advocate Siddharth Luthra, appearing for West Bengal, whether copy of the petition has been served upon the state, to which he replied that, he has not been served till now.
It asked Jethmalani to serve the copy and listed the matter for further hearing on May 25.
Jethmalani said that the body of Abhijit Sarkar has not been cremated and court may direct that post mortem of the body be conducted and it should be videographed.
He said that body should not be allow to be cremated by the state government authorities till the next date of hearing and this is what the family wants.
The bench, however, did not pass any such directions instantly.
The plea field by advocate Sarad Kumar Singhania alleged that Abhijit Sarkar, was killed on May 2, by a mob comprising of 20 supporters of the All India Trinamool 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, spade, shovel 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.