Calcutta HC orders reopening of 10 Nandigram murder cases that TMC govt closed
The Calcutta high court said allowing the prosecution to withdraw the cases would not be in public interest and would “cause public harm and injury”
KOLKATA: The Calcutta high court on Monday directed the West Bengal government to revive prosecution in 10 murder cases registered between 2007 and 2009 in East Midnapore district, setting aside the government’s decision to withdraw prosecution against the accused.
The high court ruled that the accused in the 10 criminal cases must stand trial. “Murders did take place. Postmortem reports available with the case diaries establish such facts. Therefore, as on date, in society there are persons who are guilty of such murders. Allowing the prosecution to withdraw under Section 321 of the Criminal Procedure Code will not be in public interest. In fact, it would cause public harm and injury,” a bench of justices Debangsu Basak and Md Shabbar Rashidi said in their 44-page verdict on Monday.
The order was made public on Thursday.
The murders were committed in Nandigram and Khejuri during a two-year-long violent movement against the erstwhile Left Front government’s bid to acquire agricultural land for a chemical hub project which was subsequently aborted. The clashes took place between supporters of the CPI(M) and Trinamool Congress, which was then the state’s main opposition party.
In 2014, three years after Mamata Banerjee overthrew the Left Front in the 2011 elections, her cabinet decided to withdraw these 10 criminal cases, arguing that farmers acted in self-defence to save their livelihood which was protected under Article 21 of the Constitution.
The trial court permitted withdrawal of the cases in 2020 under Section 321 (withdrawal of prosecution against any person by the prosecution with the consent of the court concerned) of the Criminal Procedure Code (CrPC).
Families of the murder victims challenged the decision in the high court.
Observing that the state’s decision to apply Section 321 of CrPC cannot be considered legal, the order said: “It has the potential of being misinterpreted as condoning political violence when the constitutional provisions obligate any state to disincentivize violence in any manner or form.”
Defending the state’s decision, advocate general Kishore Datta had argued that the accused acted in defence to counter political vendetta.
Countering this, the bench said: “The present criminal cases involve multiple murders. It has been accepted by the state that some persons allegedly exercised a right of private defence. Whether or not private defence was available to the accused is an issue which is required to be decided at the trial.”
“Eradication of violence of any form in a society is an ideal which a state should strive for. In a democracy, violence in any manner or form, either pre or post poll, should be eschewed. A state must exhibit zero tolerance towards any form of violence. Any attempt to justify a crime and clothing it with political issues is insufferable,” the bench said.
“Further, more than 10 persons were murdered in different incidents in a locality. Criminal cases with regard to such incidents must not, let alone should not, be allowed to be withdrawn under Section 321 CrPC on the ground of return of tranquility. Society cannot be at peace and tranquility with murderers roaming around without fear of prosecution,” said the order.
“In such a situation, the so-called peace and tranquility is at a price which erodes the basic fabric of a law-abiding society. Such conduct of the state is inimical to public peace and administration of criminal justice,” the bench said.
No TMC leader commented on the court order.
CPI (M) state secretary Md Salim welcomed the decision. “Every offence must be tried or else we will have a lawless society. TMC took help from Maoists to create lawlessness in Nandigram. The murderers were rewarded. The court has set an example,” he said.