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Friday, Dec 14, 2007
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Nandigram: CBI restrained from filing cases against police

J. Venkatesan

Probe into March 14 police firing can continue, says Supreme Court

New Delhi: The Supreme Court, by an interim order on Thursday, restrained the Central Bureau of Investigation from initiating criminal proceedings in any court against West Bengal police personnel for the March 14 firing in Nandigram.

A Bench comprising Chief Justice K.G. Balakrishnan and Justices R.V. Raveendran and J.M. Panchal stayed only one of the directions issued by the Calcutta High Court on November 16 on registration of cases. It declined to stay the direction on payment of compensation and the one declaring illegal the Regulation on the police firing.

Justice Raveendran told senior counsel K.K. Venugopal, appearing for the West Bengal government: “The fact is 14 people died in the firing and 126 persons are injured. You should not make an issue of it [compensation]. After all, Rs. 70 lakh [Rs. 5 lakh for each of the families of the victims] is not a big amount for the government. Don’t you want to bring peace in the area?”

When counsel said, “We are hurt by the order,” Justice Raveendran said, “Whatever the hurt, the idea should be to bring back normalcy in the area.” The Bench, ordering notice on the State’s special leave petition against the High Court directions, said the CBI could proceed with its inquiry and submit its report to the High Court.

The Bench issued notice to the Association for Protection for Democratic Rights and other respondents, on whose petition the High Court passed the order.

Mr. Venugopal said the High Court’s strong and definite findings that the police firing was “unconstitutional” and “illegal” were unjustified. The police were forced to resort to firing. The finding that the firing was unconstitutional prejudged and foreclosed the entire issue and would bind the CBI, thereby rendering the inquiry infructuous.

The Chief Justice said: “Apparently these findings by the High Court are to justify payment of compensation. If you say it is a justifiable firing, where is the question of awarding compensation?”

Appearing for the CBI, Solicitor-General G.E. Vahanvati said the agency would file report in High Court on December 17 on the Preliminary Enquiry and would not register any case against police.

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