The Supreme Court on Friday pulled up the Central Bureau of Investigation (CBI) over the drafting of a plea requesting that cases linked to post-election violence in West Bengal be heard outside the state.

In December, the CBI filed a petition to transfer these cases, citing concerns about potential witness intimidation. However, the phrasing of the petition, which referred to a “hostile environment prevailing in the courts (in Bengal),” drew criticism from the Supreme Court.

A bench of Justice Abhay S Oka and Justice Pankaj Mithal objected to the agency casting aspersions on the “entire judiciary in Bengal”. The court questioned Additional Solicitor General SV Raju, who represented the central agency, stating, “… you are talking as if there is a ‘hostile environment’ in the whole of Bengal…” and asked, “Mr Raju, what kind of grounds are taken in this plea?”

The bench further challenged, “How can you say this… how can you say ‘hostile atmosphere prevails in Bengal courts’? Your officers may not like the judicial officers but don’t make such statements.”

The bench also warned of contempt of court proceedings against the central agency. “This is a fit case to issue a contempt notice to the one who drafted this,” Justice Oka warned.

“This is all in black and white. How can you do this? Your officer first has to tender an apology for casting such aspersions on courts in West Bengal,” it said.

However, after Raju apologised and acknowledged that the petition was “loosely drafted,” the court permitted its withdrawal. Raju informed the court that a new petition would be submitted.

The Calcutta High Court had mandated the CBI, with support from a special police team, to investigate “heinous crimes of rape and murder” and other incidents of violence that occurred following the 2021 election results.

During that Assembly election, Chief Minister Mamata Banerjee’s Trinamool Congress retained its power despite facing a strong challenge from the Bharatiya Janata Party. However, soon after the results were announced, alarming reports of violence emerged, with numerous videos and images of atrocities shared on social media, each party accusing the other of wrongdoing.

The High Court had rebuked the state police for failing to file complaints regarding serious crimes, such as rape or murder, and for exhibiting a “predetermined mindset to take a case in a particular direction,” seemingly to favour the accused, many of whom were linked to the ruling party.

The BJP hailed the Supreme Court’s decision as “historic” and a validation of its claims, while the Trinamool Congress expressed dissatisfaction with the involvement of the CBI.