The Supreme Court on Tuesday asked the Centre to place on record the special incident report filed by CISF on an alleged scuffle between the Trinamool Congress workers and security staff of West Bengal BJP leader Kabir Shankar Bose. The top court also asked the Centre to file in sealed cover the movement logbook of the leader pertaining to the day of incident.
A bench of Justices Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy posted the matter for hearing next week after Solicitor General Tushar Mehta said that he will be filing a special incident report in the matter during the course of the day.
At the outset, the bench told Mehta that as per the last order of the court he was supposed to file a special incident report. A Special Incident Report, or SIR, is a formal report that is filed with the regional center whenever a person served by the regional center is involved in an unusual event, such as a crime or injury.
Mehta said that he had received the report in the morning and would be filing it during the course of the day. Senior advocate Mahesh Jethmalani, appearing for Bose, said that timing of the incident is important. He said that the timing of the incident recorded in the FIR and the report of CISF are different and sought placing on record the movement log book.
The bench directed Mehta to place on record the movement log book in sealed cover and posted the matter for further hearing next week. Bose has sought direction for transferring investigation in the case to CBI or SIT or any independent agency but not West Bengal Police. He has also sought stay of investigation and further proceedings in FIRs lodged against him by the West Bengal Police pertaining to the alleged scuffle that took place on December 6.
Bose, who is spokesperson of BJP, also sought direction for calling of reports of CISF submitted to Ministry of Home Affairs with regard to the incident. The Petitioner is filing the instant Writ Petition under Article 32 of the Constitution of India before this Court owing to the wreaking of political vengeance and specific targeting of the Petitioner by the State Government of West Bengal, Trinamool Congress and Kalyan Bannerji, a sitting TMC MP due to the political and personal rivalry and is praying that this Court safeguard the Petitioner from the threats to his life and liberty which he faces from the State Government of West Bengal; Trinamool Congress and Kalyan Bannerji, his plea said.
Bose claimed in his plea that on December 6, at Serampore of West Bengal, he along with his CISF detail came under heavy attack and sloganeering under the leadership of one Santosh Kumar Singh alias Pappu Singh just outside his residence around 8pm.
As part of protocol, CISF immediately secured the Petitioner in a secured location and removed him from the spot. What ensued thereafter was protocol on part of CISF to secure their protectee’s life and the Petitioner was not even present on the spot. Till 2 am the entire building was under siege by over 200 TMC hooligans led by Kalyan Banerji, the sitting member of parliament of the area supported actively by the state police, his plea said.
Bose said that on December 7, early morning West Bengal police completely sealed off the building and prevented him from exiting the building on the ground of law and order problems.
At the police station, the police officials were repeatedly saying that Kalyan Banerji is giving tremendous pressure for an immediate arrest of the Petitioner. Hence the Petitioner was arrested at the police station. Thereafter, the Petitioner was deliberately and intentionally kept in a Covid isolation ward alongwith other Covid patients for around 4 hrs in utter violation of his right to life guaranteed under Article 21 of the constitution of India, he said.
On December 18, the top court had granted interim protection from any coercive action to five BJP leaders, including Mukul Roy and MPs Kailash Vijayvargiya and Arjun Singh, in criminal cases lodged against them in West Bengal. The relief was also given to two other BJP leaders — Sourav Singh and Pawan Kumar as the apex court directed the state police not to take any coercive action till it hears their pleas next in January. It was alleged by the lawyers, appearing for BJP leaders, that criminal cases are being foisted on party leaders at the instance of ruling All India Trinamool Congress Party.
All the leaders have filed separate pleas seeking protection in cases lodged against them in the state and alleged that criminal cases have been foisted against them to deter them from undertaking political activities in the state ahead of assembly polls. The BJP leaders have also sought investigation by an independent agency into the cases registered against them in West Bengal.
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