HC sends 10 cases lodged under Left govt back to trial
Times of India | 13 February 2025
12 Kolkata: Calcutta High Court on Monday set up for fresh trial 10 criminal cases, including murder cases, lodged during the Left Front tenure, overturning East Midnapore lower court orders allowing a state plea to withdraw them. The cases were filed at Nandigram and Khejuri police stations during violent anti-land acquisition movements in 2007 and again in 2009.
After the Mamata Banerjee govt came to office in 2011, the state cabinet in 2014 ratified a move to withdraw these criminal cases, among others, reasoning that "poor land losers fought for their cause against the then land policy to protect their livelihood as guaranteed under Article 21 of the Constitution of India. They had to some extent exercised the right of private defence. Police had launched formal criminal prosecution against those farmers at the instance of the then govt." Pleas were allowed by lower courts under Section 321 of CrPC (withdrawal from prosecution). These were then challenged in the HC.
A division bench of justices Debangsu Basak and Md Shabbar Rashidi disagreed with the state. The HC in its 44-page order said: "Accused in the 10 criminal cases must stand trial. Murders did take place. Postmortem reports available with the case diaries establish such facts. Therefore, as on date, in society there are persons who are guilty of such murders. Allowing the prosecution to withdraw under Section 321 of the Criminal Procedure Code will not be in public interest. In fact, it would cause public harm and injury."
The HC also chose to differ with advocate general Kishore Datta's argument of "political vendetta and right to self-defence", saying political vendetta was "of no consequence" when the criminal case had substance. "The present criminal cases involve multiple murders. It has been accepted by the state that some persons allegedly exercised a right of private defence. Whether or not private defence was available to the accused is an issue which is required to be decided at the trial," the HC said.
"Eradication of violence of any form in a society is an ideal which a state should strive for. In a democracy, violence in any manner or form, either pre or post poll, should be eschewed. A state must exhibit zero tolerance towards any form of violence. Any attempt to justify a crime and clothing it with political issues is insufferable," it said.
The HC added: "Further, more than 10 persons were murdered in different incidents in a locality. Criminal cases with regard to such incidents must not, let alone should not, be allowed to be withdrawn under Section 321 CrPC on the ground of return of peace and tranquility. Society cannot be at peace and tranquility with murderers roaming around without fear of prosecution. In such a situation, the so-called peace and tranquility is at a price which erodes the basic fabric of a law-abiding society. Such conduct of the state is inimical to public peace and administration of criminal justice." The HC ordered the cases to be sent back to trial.