Rule of law and mobocracy in West Bengal

 

The centre-state relations of west Bengal have taken a new turn with the CBI arresting four senior members of Legislative Assembly in Mamta Banergee’s government in the Narada bribery sting case of 2014. The recorded tapes allegedly show TMC leaders accepting money from representatives of a fictitious company.

The Calcutta High Court while exercising its epistolary jurisdiction treated the letter sent by CBI on the official e-mail id of Hon’ble the chief Justice and the Registrar General as a writ petition. The court was informed that Chief Minister of west Bengal was sitting on a dharna outside the office of CBI along with her 2000 to 3000 supporters. The bribery case was investigated by the CBI and they were ready to file a charge sheet. It is alleged that these agitators were obstructing CBI in discharge of its official functions. A case u/s 120-B, IPC and u/s 7, 13 (2) r/w 13 (1) (a) and (d) of Prevention of Corruption Act, 1988 was registered against many accused persons.When investigation by CBI was over, charge sheet was to be filed in the court after taking sanction from the competent authority. The sanction for prosecution was granted by the Governor of West Bengal.

Four accused persons were arrested in the morning of 17^th May, 2021. The arrestees were to be produced before the jurisdictional court of CBI special judge, Calcutta. What happened after the arrest is shocking. The political leaders of TMC party in power and their followers assembled outside the office of CBI at Nizam Palace. They did not allow officers of CBI to move out of their offices, so that they could produce the accused persons in the designated court. Astonishing fact remains that the Chief Minister of West Bengal Smt. Mamta Banerjee arrived on the spot around 11:00 a.m. and started dharna along with her supporters. She dared the CBI to arrest her too. They were demanding unconditional release of the arrestees from the office of CBI. In the letter mailed to Hon’ble the chief justice a direction was sought to allow the CBI to discharge its functions so that the arrestees may be produced before the competent court.

A crowd of around 2000 to 3000 were pelting stones. Some of the agitators had entered the office of CBI and has started manhandling the staff. The supporters of TMC directly clashed with the security forces outside the head quarters of CBI. Many of them hit the streets in protest, violating the lockdown orders. Anti-BJP and anti-CBI slogans rented the air. Bricks and wooden planks were hurled at C.R.P.F. personals guarding the Nizam Palace. Tyres were set at fire. Later on, the Law Minister of the state of west Bengal reached the court where the arrestees were to be produced for remand along with large number of supporters and remained present in the court till evening. It was a scene of total lawlessness and anarchy. It appears that the state Police had gone into a silence mode.

This was the factual situation under which CBI was supposed to function and concerned court was to hear the legality of arrest or remand the arrestees or to release them on bail. The totality of circumstances show that it was a failure of rule of law, because pressure was sought to be put on CBI  as well as the court concerned by the Chief Minister, Law Minister and other Ministers along with mob of 2000 to 3000. Thus, it was argued before the High Court that the case be transferred to any other court/state u/s 407 of Cr.P.C., 1973. The designated court of CBI, after virtual hearing granted bail to all the four accused persons same day.

The Calcutta High Court took cognizance of the matter exercising its epistolary jurisdiction after hearing both sides and thought it appropriate to stay the bail order. It was directed that the arrestees shall be treated to be in judicial custody till further orders.  The High Court in its wisdom has diluted the pressure sought to be created by TMC workers under the leadership of Chief Minister, Smt. Mamta Banerjee.

The sanction for the prosecution was to be given by the central/state government or any other competent authority, in compliance of section 19 of Prevention of Corruption Act, 1988, because MLAs are also public servants. TMC is claiming that this sanction for prosecution should have been taken from speaker of the legislative assembly. But the fact remains that MLAs were not arrested from the complex of legislative assembly.  It is submitted that the Governor accorded the sanction when there was no speaker in office, since he was elected after the sanction was accorded. But one point is valid that the Governor has to act on the aid and advice of the Chief Minister and his council of ministers. Probably, the Governor cannot act unilaterally. Secondly, none of the accused was absconding. None of them tried to flee away seeing the CBI. There was no complaint of non-cooperation with CBI. So amid pandemic of covid-19, there was little need for arrest.  

The sanction for prosecution was given by the Governor the state of west Bengal in the present case because the Governor was their appointing authority as ministers when the offence took place in 2014. TMC leaders are calling this sanction as illegal and arbitrary. Their objection is that speaker of the assembly was not informed regarding arrest of MLAs. The important fact remains that the Governor granted sanction for prosecution in an interim period after Chief Minister took oath of office on 5^th May, 2021 and before her council of ministers took oath of office on 10^th May, 2021. Truly speaking, this interim period is legally the grey area, which needs clarification.

         

        All said and done, Calcutta High Court by staying the bail order has saved the rule of law and controlled the mobocracy to override the democracy.