Case Details
Case Name: Kabir Shankar Bose Vs State of West Bengal & Ors.
Case Number: Writ Petition (Crl.) No. 416 of 2020
Date of Judgment: December 4th 2024
Quorum: Hon’ble Justice Pankaj Mithal and Hon’ble Justice B. V. Nagarathna
Facts of the Case
The petitioner is Kabir Shankar Bose who is an advocate and political activist with strong support to the Bharatiya Janata Party. He was married to the daughter of Kalyan Banerjee, a sitting Member of Parliament from the Trinamool Congress (TMC) party. Their marriage, solemnized in 2010, was dissolved in 2018 through a court settlement that also quashed all pending litigation between the parties.
On December 6 2020, the petitioner alleged that almost 200 TMC supporters surrounded his house and car when he was about to leave along with Central Industrial Security Force (CISF) security guards. According to him, his life was saved by those guards who were present there for his protection. The force suffered injuries while protecting him. After this incident, two FIRs were registered against the petitioner on December 7 2020. Santosh Kumar Singh filed the first FIR (No. 400/2020), and the second FIR (No. 401/2020) was by Tanushree Singh. both were filed at the Sorampore police station.
Bose was arrested on the same day but was released on bail by the Additional Chief Judicial Magistrate. He had been granted CISF security since January 2019 due to alleged political vendetta and threats from the State Government and his ex-father-in-law.
ISSUES OF THE CASE
- Whether the petitioner can invoke Article 32 of the Constitution to seek transfer of investigation to an independent agency?
- Whether the petitioner can invoke Article 32 of the Constitution to seek transfer of investigation to an independent agency?
Legal Provisions
The primary legal provisions in this case are:
- Article 32 of the Indian Constitution (Right to Constitutional Remedies)
Article 32 grants every individual the right to move the Supreme Court for the enforcement of their fundamental rights
- Section 341 of the Indian Penal Code:
Mentions the punishment for wrongful restraint
- Section 323 of the Indian Penal Code
Mentions the punishment for voluntarily causing hurt
- Section 325 of the Indian Penal Code
Mentions the punishment for voluntarily causing grievous hurt
- Section 326 of the Indian Penal Code
Mentions voluntarily causing grievous hurt by dangerous weapons or means
- Section 307 of the IPC
Mentions punishment for attempt to murder
- Section 354 of the Indian Penal Code
Mentions assault or criminal force on woman with intent to outrage her modesty
- Section 504 of the Indian Penal Code
Mentions punishment for provoking intentionally
- Section 506 of the Indian Penal Code
Mentions the punishment for criminal intimidation
- Section 354A of the IPC
Mentions Sexual harassment and the punishment for it.
Arguments of the Petitioner
Petitioner contended that he was victimized due to his political connection with the BJP and his past marital relationship with Kalyan Banerjee’s daughter was the reason for this. He argued that the local police worked under political pressure. They attempted to harass him by registering false FIRs. The petitioner claimed that this politically favored atmosphere in West Bengal would affect a fair investigation from the police’s side on the FIRs against him.
He had been an active BJP worker and had canvassed against Kalyan Banerjee during the Lok Sabha elections. Bose alleged continuous threats from the respondent’s family members and claimed that the State’s political power was used as a “private army” against him.
Arguments of the respondents.
The State Administration and Kalyan Banerjee contested Bose’s claims (1st and 7th respondents respectively). They argued that:
The FIRs were registered for cognizable offenses which involved allegations such as, grievous hurt and outraging the modesty of a woman. They also claimed that the petitioner refused to cooperate with the investigation and was an absconder. They added that the investigation was at a nascent stage and should not be transferred to the CBI. Kalyan Banerjee denied the allegations, stating them as a result of marital issues and the petitioner’s grudge. He argued that the petition should be dismissed for non-joinder of necessary parties and that the petitioner cannot bypass alternative legal remedies.
LEGAL ANALYSIS
The Supreme Court examined established legal principles regarding the transfer of investigations. The judges recognized that such transfers should be ordered sparingly and only in exceptional circumstances. They referred to previous judgments and mentioned the need for investigations to be not just credible, but it should also appear credible. The Court considered multiple factors including the politically charged atmosphere in West Bengal, the potential for bias in local police investigation, the involvement of CISF personnel, and the history of personal and political animosity between the parties.
JUDGMENT
Ultimately, the Supreme Court allowed the writ petition and ordered the transfer of the investigation of both FIRs to the CBI. The reasoning by the Court includes:
- The possibility of an unjust investigation by local police, considering the political powers in West Bengal
- The connection of this case with two different political parties
- The need to investigate the role of CISF personnel objectively
Conclusion
The judgment highlighted the judiciary’s commitment to protecting individual rights and ensuring the transparency of investigative processes. By transferring the investigation to an independent agency, the Supreme Court stated the need to ensure that justice is not only done but is seen to be done. The case highlights the balance between protecting individual rights and maintaining trust on legal investigations which plays a crucial role in safeguarding democratic principles.
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WRITTEN BY HRIDYA S KUMAR
