Kolkata: The Supreme Court has set aside Calcutta High Court orders granting bail to five accused — Sekh Jamir, Sekh Nurai, Sekh Asraf, Jayanta Dome and Sekh Kabirul — in a case of post-poll violence in Bengal.
A bench of Justices Vikram Nath and Sandeep Mehta, hearing the Central Bureau of Investigation’s (CBI) appeal, described the allegations as grave, shaking the court’s conscience.
The accused allegedly vandalized a complainant’s house, assaulted him and attempted to rape his wife on May 2, 2021, the day of the state Assembly election results, in retaliation for his support for the Bharatiya Janata Party (BJP). The incident occurred in Gumsima village, where the complainant faced threats for backing the BJP in a ruling party-dominated area.
The court noted the attack was a deliberate act of vengeance to terrorise BJP supporters, calling it an assault on democracy’s roots.
The local police’s refusal to register the complainant’s FIR on May 3, 2021, and their advice to flee the village underscored the accused’s influence, reinforcing fears of trial tampering.
The CBI took over the case following Calcutta High Court’s August 2021 directive to probe post-poll violence, registering an FIR in December 2021 for offenses, including rioting, attempt to rape, and grievous hurt. The accused were arrested in November 2022, but the High Court granted bail in January and April 2023, which the Supreme Court now reversed.
Citing the accused’s non-cooperation delaying the trial and the risk of witness intimidation, the court ordered their surrender within two weeks, with coercive measures if they fail to comply.
The trial court was directed to conclude the case within six months and Bengal authorities were instructed to ensure protection for the complainant and witnesses.