The Central Bureau of Investigation (CBI) on Wednesday withdrew around 20 petitions from the Supreme Court seeking the transfer of cases related to the post-poll violence that followed the 2021 West Bengal Assembly elections to courts outside the state. The agency cited “changed circumstances” while requesting permission to withdraw the petitions. A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana allowed the request, marking a significant development in the legal proceedings connected to the violence that erupted after the election results. Solicitor General Tushar Mehta, appearing for the CBI, informed the bench that the agency wanted to withdraw the petitions because the circumstances had changed. The petitions were originally filed in 2023, when the Trinamool Congress government led by Mamata Banerjee was in power in West Bengal.
The central agency had sought to move the trials outside the state, arguing that concerns over witness intimidation, threats to prosecution lawyers and the prevailing atmosphere could undermine the possibility of a fair trial. The CBI had maintained that transferring the cases was necessary to protect those involved in the proceedings and ensure that justice could be delivered without interference. The agency’s request comes after a change in the political landscape of West Bengal. The Bharatiya Janata Party (BJP) defeated the Banerjee-led government in the state Assembly elections earlier this year, ending the Trinamool Congress’s 15-year tenure in power. The change in government has formed part of the broader political context surrounding the CBI’s decision to withdraw its transfer petitions. However, the agency’s statement before the Supreme Court referred only to “changed circumstances” and did not publicly elaborate on the specific reasons behind the decision.
The withdrawal does not, by itself, determine the outcome of the underlying criminal cases or resolve the allegations arising from the post-poll violence. The Supreme Court had previously expressed serious concerns over the CBI’s allegations about the judicial environment in West Bengal. During an earlier hearing in September 2024, a bench headed by Justice Abhay S Oka questioned the agency’s claims that courts across the state were operating in a hostile atmosphere. The court objected to generalised allegations against the entire state judiciary, observing that such claims amounted to casting aspersions on judges and the functioning of courts. The CBI’s law officer had acknowledged that the petition contained instances of loose drafting and sought permission to withdraw it. The proceedings highlighted the importance of presenting specific, substantiated grounds when seeking the transfer of criminal trials from one jurisdiction to another.
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Meanwhile, the West Bengal Criminal Investigation Department (CID) has initiated fresh inquiries into complaints connected to the 2021 violence. According to officials, the CID has launched 458 new inquiries, registered 181 fresh first information reports and reopened 59 cases in which final reports had previously been submitted. These developments indicate that investigations into the aftermath of the Assembly elections remain active. The violence had triggered allegations of assaults, intimidation and displacement of residents across several districts, prompting legal action and political accusations between the BJP and the Trinamool Congress. The cases investigated by the CBI form part of the wider effort to examine the alleged offences and establish accountability.
The Supreme Court had earlier stayed proceedings in several post-poll violence cases pending before trial courts in West Bengal after concerns were raised about threats to complainants, witnesses, advocates and investigating officials. The intervention was intended to address concerns about the conduct of the trials while the transfer petitions were under consideration. With the CBI now withdrawing its petitions, the immediate question concerns the subsequent course of the proceedings and the status of the cases affected by the earlier stay. The withdrawal does not amount to a judicial finding on the allegations of violence or intimidation. The cases remain part of a wider legal and political dispute over the events following the 2021 Assembly elections, with investigations and related proceedings continuing in the state.
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