Politics2 min read

CBI drops pleas to transfer Bengal poll violence trials

By · Published by Everything Blog

In short

Solicitor General Tushar Mehta formally requested permission to withdraw the transfer petitions before a Supreme Court bench presided over by Chief Justice of India Surya Kant. The agency had spent years pursuing trials outside the state, citing widespread witness intimidation and hostile court environments flagged by the National Human Rights Commission. However, the federal agency had faced pushback in September 2024 from a bench comprising retired Justice Abhay S Oka and Justice Pankaj Mithal for casting aspersions on the entire state judiciary. The change in legal strategy now leaves the trials, including CBI vs Debasis Ghosh and Others, within the state following the 2026 election of a…

Key points

  • Criminal trials connected to the 2021 post-poll violence will proceed within West Bengal…: Criminal trials connected to the 2021 post-poll violence will proceed within West Bengal courts rather than outside jurisdictions.
  • The federal agency abandoned its prior stance that relied on findings from the National H…: The federal agency abandoned its prior stance that relied on findings from the National Human Rights Commission regarding compromised trial environments.
  • The decision ends a protracted legal effort that included scrutiny over specific proceedi…: The decision ends a protracted legal effort that included scrutiny over specific proceedings such as CBI vs Debasis Ghosh and Others.

Sources checked by our analysis pipeline: 1

Solicitor General Tushar Mehta, appearing for the federal agency, sought permission to withdraw the transfer petitions before a bench headed by CJI Surya Kant.

The petitions, including CBI vs Debasis Ghosh and Others, had sought the transfer of criminal proceedings arising from violence that followed the Bengal elections in 2021 to courts outside the state. CBI had cited apprehensions of witness intimidation and concerns over the fairness of trials in West Bengal. The agency had also relied on a report of the National Human Rights Commission, which recommended that cases investigated by CBI in connection with the violence be tried outside the state.

The withdrawal marks a new development in the agency's long-running effort to have the proceedings shifted outside Bengal. The transfer petitions had previously come under sharp scrutiny from the SC in September 2024, when a bench of Justices (retd) Abhay S Oka and Pankaj Mithal objected to the allegations made against the state's judiciary in the CBI's pleadings. The bench had taken exception to CBI's assertions that a hostile environment prevailed in courts across Bengal and that witnesses and other participants faced intimidation. It questioned the sweeping nature of the allegations, observing that the pleadings appeared to cast aspersions on the entire state judiciary.

The agency's latest decision comes after a change in the state's political dispensation following the 2026 elections, with the BJP forming the government under Suvendu Adhikari, ending the Trinamool Congress's 15-year rule under Mamata Banerjee. The 2021 post-poll violence cases arose from allegations of attacks, intimidation and other offences following the assembly election results in West Bengal.

The CBI had investigated several cases pursuant to judicial directions, while the proposed transfer of trials remained a separate issue before the Supreme Court.

Original source: economictimes.indiatimes.com

Politics