Tarunjytoi Tewari v. Union Of India And ORS.

July 11, 2022 Sl. No.6-12 Court No.1 PA(SS) WPA (P) 130 of 2022 and CAN 1 of 2022 The Court on its own Motion In re: The Brutal Incident of Bogtui Village, Rampurhat, Birbhum With WPA (P) 124 of 2022 Anindya Sundar Das vs.

Union of India and others With WPA (P) 125 of 2022 Tarunjyoti Tewari vs.

Union of India and others With WPA (P) 126 of 2022 and CAN 2 of 2022 Priti Kar vs.

The State of West Bengal and others With WPA (P) 129 of 2022 Sayanti Sengupta vs.

The State of West Bengal and others With WPA (P) 133 of 2022 Priyanka Tibrewal vs.

Union of India and others With

WPA (P) 138 of 2022 and CAN 1 of 2022 Bharatiya Shanti Dal and another vs.

The State of West Bengal and others Mr. Sabyasachi Chatterjee, Mr. Sayan Banerjee, Mr. Badrul Karim, Ms. Priyanka Paul, Advocates ... for the added party in CAN 1 of 2022 in WPA (P) 130 of 2022 Mr. Phiroze Edulji, Mr. Debapriya Samanta, Mr. Samrat Ghosh, Advocates ... for the petitioner in WPA (P) 124 of 2022 Mr. Koustav Bagchi, Mr. Debayan Ghosh, Advocates ... for the petitioner in WPA (P) 126 of 2022 Mr. Suman Sengupta, Mr. Puspal Chakraborty, Mr. Prisanka Ganguly, Advocates ... for the applicant in CAN 2 of 2022 in WPA (P) 126 of 2022 Ms. Priyanka Tibrewal ... Petitioner in-person in WPA (P) 133 of 2022 Ms. Amrita Pandey, Advocate ... for the Union of India Mr. Shailendra Kumar Mishra, Mr. Bikash Kr. Singh, Mr. Sunil Gupta, Advocates ... for the CBI in WPA (P) 125 of 2022 Mr. Billwadal Bhattacharyya, ld. Asst. Solicitor General of India Mr. Debu Chowdhury, Mr. Samrat Goswami, Advocates ... for the CBI

Mr. S. N. Mookherjee, ld. AG Mr. A. Ray, ld. GP Md. T. M. Siddiqui, ld. AGP Mr. D. Ghosh, Mr. N. Chatterjee, Advocates ... for the State This bunch of petitions relate to the incident which took place at late night on 21st of March, 2022. In that incident, miscreants had put on fire 10 houses of the village in which at least 8 persons including a child, women and newly married couple were burnt alive. WPA(P) 130 of 2022 was registered by this Court on its own motion and other connected writ petitions concerning the incident were entertained and tagged. This Court by order dated 25th of March, 2022, having regard to the nature of incident and considering the surrounding circumstances, had handed over investigation to the CBI.

Thereafter an issue was raised before this Court that the above incident was counter-blast of murder of one Bhadu Sk who was Upa-Pradhan allegedly belonging to the ruling party of the State and both the incidents had taken place within a gap of two hours and there was a close relationship and linkage between the two incidents as both incidents form part of common conspiracy and continuous cause of action.

The prayer made to this Court to direct the CBI to investigate the murder case of Bhadu Sk along with the investigation of the incident of Bogtui house burning case

was allowed.

Thereafter the CBI has conducted investigation in both the cases.

Learned Counsel appearing for the CBI has pointed out that the investigation in both the cases is over and the charge sheet has been filed in both the cases before the Additional Chief Judicial Magistrate, Rampurhat, Dist. Birbhum. He has also pointed out that since some of the accused were juvenile, therefore, the charge sheet before the Principal Judicial Magistrate, Juvenile Justice Board, Suri, Dist. Birbhum has been filed against them. In view of the aforesaid development, the main relief prayed by the petitioner has been granted.

In WPA(P) 126 of 2022, CAN 2 of 2022 was filed with the allegation that some of the members of one of the political party had constituted a fact finding committee and it was alleged that parallel investigation was not permissible. Learned Counsel for the applicant does not dispute that in view of the fact that investigation has been concluded by the CBI and charge sheet has been filed, nothing survives in CAN 2 of 2022, which is accordingly dismissed.

In view of the aforesaid, WPA(P) 124 of 2022, WPA(P) 125 of 2022, WPA(P) 126 of 2022, WPA(P) 129 of 2022, WPA(P) 133 of 2022, WPA(P) 138 of 2022 and the connected applications therein are disposed of. The only surviving application is CAN 1 of 2022 filed in WPA(P) 130 of 2022 wherein it is stated that there are

some villagers who till date are unable to return to their houses. Names and details of as many as 15 villagers have been disclosed in the application, who require confidence and assistance of the administration to return back to their home.

Learned Advocate General has assured that they will be provided protection and has also submitted that out of these 15 persons, 12 are staying in their house at Bogtui and 3 have been residing in the adjoining village as their houses have been damaged in the incident. He also submits that video footage of conversation of these villagers is also available and seeks two weeks' time to file response to the application as also seeks instructions about the stand of the State on the plea of seeking help in getting their houses repaired.

List CAN 1 of 2022 in WPA(P) 130 of 2022 on 22nd of August, 2022.

[Prakash Shrivastava, C.J.] [Rajarshi Bharadwaj, J.]