New Delhi [India], May 18 (ANI): The Supreme Court on Tuesday issued notice to the West Bengal State Government after hearing the joint petition filed by the brother of the BJP worker, who was allegedly killed by Trinamool Congress (TMC) activists, seeking a direction for a Special Investigation Team (SIT) probe into the alleged killings.
A two-judge vacation bench of the apex court comprising Justice Vineet Saran and Justice B R Gavai issued notice to the West Bengal government after hearing a petition filed by Biswajit Sarkar, the brother of the deceased Bharatiya Janata Party worker Abhijit Sarkar and others.
The Supreme Court was hearing the petition filed by the families of two BJP supporters who were allegedly killed by TMC workers on the day the results of the West Bengal Assembly elections were declared.
Senior lawyer Mahesh Jethmalani, appearing for Sarkar, submitted to the court that on May 2 the home of Sarkar was allegedly attacked. When Abhijit Sarkar and the petitioner (Biswajit Sarkar) rushed back to the house, the BJP worker was dragged outside his house and was allegedly "murdered."
"This is a very serious case. There are two eyewitnesses. The state is taking no action when two persons have been killed brutally. This is a matter which requires probe and transfers to CBI or an SIT, " Jethmalani submitted to the apex court bench today.
Jethmalani said the alleged murders took place when the state assembly election results were declared. One of the petitioners is the brother of the political party member who was allegedly murdered.
"There is total inaction by the state to not act but also suppress the probe. The brother was allegedly murdered, when the election results were out on May 2. Another activist too was murdered. The police stood silent. No one helped and they were left to die. It was at the behest of the state administration," he said.
The Supreme Court said it was issuing a notice to the state government.
"We issue notice. Serve it to the state. We will hear it next Tuesday," the bench said.
The petitioner said "when the state's machinery fails to protect citizen's life, liberties and property and investigation is conducted to help the accused persons", it is imperative that this court steps in to prevent undue miscarriage of justice that is perpetrated upon the victims and their family members.
"There is a complete breakdown of law and order and inherent apathy of the institutions who, though sworn to act independently, have become partisan and are themselves hand in glove in loss of human life and non-responsive to the cries of a common man. Such laxity and deficiency in the probe will result in failure of justice and emboldening rule of law," the petitioner said.
The petition said that the state government is failing in its duty to protect its people and its agencies cannot thus be expected to act impartially. "When accusations are levelled against the very police force of the state, thus it becomes imperative to entrust the investigation to an independent agency. This would even reassure the relatives of the deceased and would ultimately lead to a justifiable and credible outcome," the petition said.
When an ordinary citizen makes a grievance against the mighty administration, any indifference, inaction or lethargy shown in protecting his / her right guaranteed in law will tend to paralyze and erode the faith built in the judicial system. It is to be seen that the accused persons are punished and the might of the State is not used to shield itself and its men," the petition added.
It said that the law enforcement agencies are refusing to register FIRs and refusing to accept the victims' versions.
"The law enforcement agencies are getting signatures on blank pieces of document to manipulate the versions and thereby allowing the accused to go scot-free," the petition said.
He said that the named accused in the complaints are not being arrested and the belated steps in the name of an enquiry "is all but an eyewash to protect the ruling party cadre".
He also said that the law enforcement agencies are purposely delaying initiating the investigation so that by that time all evidence stands destroyed or wiped clean.
"The role of the ruling party in power needs to be investigated since its party cadre is at the forefront of the vengeful violence," the petition said. (ANI)