New Delhi, May 29 (PTI) The Supreme Court on Thursday cancelled the bail granted to some persons who were accused of molesting a woman after the assembly election results in West Bengal in May 2021, saying the dastardly offence was nothing short of a "grave attack" on the roots of democracy.
A bench of Justices Vikram Nath and Sandeep Mehta noted that the concerted attack on the complainant's house was launched on the day of election results with the sole objective of wreaking vengeance because he had supported the BJP.
"This is a grave circumstance which convinces us that the accused persons including the respondents herein were trying to terrorise the members of the opposite political party...," it said.
"Having regard to the facts enumerated above, we feel that the present one is a case wherein the allegations against the accused respondents are so grave that the same shake the conscience of the court," the bench said.
The top court said the reprehensible manner in which the incident was perpetrated showed the vengeful attitude of accused and their avowed objective to subdue the supporters of the opposition party into submission by hook or by crook.
"The dastardly offence was nothing short of a grave attack on the roots of democracy," the bench said.
The apex court delivered its verdict on two appeals filed by the CBI challenging the Calcutta High Court's separate orders granting bail to some accused in the case.
It noted that according to the FIR, the incident had happened on May 2, 2021 and the complainant claims to be a follower of Hindu religion.
The FIR claimed the complainant and few other villagers started campaigning for the BJP prior to the assembly elections, drawing the wrath of supporters of ruling dispensation who threatened that he and his family members would be harmed.
It alleged that on the evening of May 2, 2021, the date on which election results were announced, a gang of miscreants started throwing bombs towards the complainant's house and started assaulting him and his family members.
The FIR alleged that the complainant's wife was molested and in order to save herself, she poured kerosene oil on her and threatened that she would set fire to herself after which the miscreants left the spot.
It claimed the complainant approached the police station the next day to lodge a complaint but the officer-in-charge advised him to leave the village to save him and his family's life.
The bench noted it was apprised that numerous incidents with like allegations took place in the aftermath of election results in West Bengal and there was a common grievance that the local police refused to lodge FIRs.
It said the high court, in its order passed in August 2021, directed the CBI to investigate all the cases where the allegations involved murder or crime against women regarding rape or attempt to rape.
The bench said an FIR was registered by the CBI in December 2021 for alleged offences including that of rape in connection with the incident that took place at complainant's house.
It said the accused were arrested on November 3, 2022 and after investigation, a charge sheet was filed by the CBI against a number of persons.
The bench said apparently, the approach of the local police in refusing to register FIR lends credence to the apprehension of complainant about the clout and influence which the accused bear over the locality and even the police.
It noted the CBI's counsel submission that even the officers of the agency were not receiving the required cooperation from the local police.
"Having gone through the contents of the FIR, we find that there is hardly any scope for distinguishing the case of the respondents and that of the accused to whom the specific allegation of disrobing the complainant's wife is attributed," the bench said.
It said there was prima facie material to establish that accused had formed an unlawful assembly and launched a concerted attack on the complainant's house vandalising the same and looting away the household articles.
The bench said the charge sheet was filed in 2022 and till date, the trial has not budged an inch.
"In this background, we feel that there is no possibility of a fair and impartial trial being conducted, if the accused respondents are allowed to remain on bail," the bench said, while cancelling the bail granted to them by the high court in 2023.
It directed the accused to surrender before the trial court within two weeks, failing which the trial court should adopt coercive measures to secure their presence.
The bench asked the trial court to expedite the proceedings and try to conclude the trial within six months.
"In case, any stay orders have been passed on the proceedings before the trial court by any higher forum including the high court, the same shall be deemed to have been vacated," it said.
The bench asked the home secretary of West Bengal and the state's Director General of Police to ensure proper protection is provided to the complainant and all other material witnesses so that they can freely appear and depose during the trial without any fear or apprehension.
"Any violation of the above direction may be reported to this court by the appellant CBI or the complainant for suitable action," the bench said.