Calcutta High Court directs CBI to probe Narada sting case, take custody of forensic reports

In a major setback to the Trinamool Congress (TMC), a division bench of the Calcutta High Court, comprising acting Chief Justice Nishita Mhatre and Justice Tapabrata Chakraborty, directed the Central Bureau of Investigation (CBI) to initiate preliminary inquiry into the Narada sting operation.

After the last hearing on January 20 following three Public Interest Litigations, the High Court bench on Friday read out the judgement at 11 am. Referring to it as "an extremely disturbing and alarming issue", the court said that within 24 hours the CBI would take custody of the devices and Central Forensic Science Laboratory​ (CSFL) reports which have been kept with the Special Committee and the preliminary investigation is to be submitted within 72 hours after that. Depending on the result of the inquiry, CBI will register an FIR according to the law.

The court also directed the state to take disciplinary proceedings against senior IPS officer SMH Mirza and to consider suspending him in consonance with the service rules.

Lashing out at the state police, the court said that the allegations made in the petition were of corruption allegedly indulged in by ministers of the Government of West Bengal, Members of Parliament or the state assembly and one of the accused was a superintendent of police, so it was very difficult to believe that a fair and impartial investigation would be conducted by the state police. The court also cited the example of the state police, which took about 72 hours to act against the accused in the sting videos, whereas when the wife of one of the accused filed a complaint the police swung into immediate action against Mathew Samuel, the CEO of Narada News, who had conducted the sting. It referred to the state police as puppets on a string.

"I do not, therefore, have hesitation in concluding that the court’s extraordinary writ jurisdiction must be exercised in the present case by directing the CBI to conduct an inquiry", the court said, and added, "There is no other investigating agency besides the CBI which is independent and therefore, it is essential that the preliminary inquiry should be conducted by that agency."

Justice Chakraborty also added that corruption was a reprehensible crime in a society and it was an assault on the faith of the common people upon officers and ministers and people’s representatives. "It defiles and degrades and shakes the confidence of the people at large upon the government. It causes psychological harm to the society at large leaving upon it indelible marks," he said.

Chief Minister Mamata Banerjee said that it was a part of BJP’s political vendetta against the state government and added that the party will move Supreme Court. At a press conference on Friday, she expressed her disappointment over the High Court verdict and said, “It is most unfortunate. I am shocked as a lawyer. People do take donations ahead of elections. Why not the person who has offered the money been questioned? How can the BJP president foretell that after the UP elections there will be CBI inquiry into the case? We will go to higher judiciary for justice.”

She also took exception to the court’s observation regarding the state police being puppets in the hands of the state government and that the incident had shaken people’s confidence. “Our police are the best in the world… three of the accused had won elections in 2016 after the tapes were released. So it is clear that people have rest their confidence on them even after the tapes were released,” she added.

Opposition parties have lauded the judgement. State Congress president Adhir Chowdhury said, “If Saradha and Narada investigation are carried out impartially the entire senior leadership of TMC party will be put behind bars.”

State CPI(M) secretary Dr Surjyakanta Mishra said the CBI should immediately act on the High Court direction and take the accused in their custody. “It should be ensured that the CBI probe is not be delayed as a result of the unholy nexus between the TMC and the BJP and for that people need to hit the streets demanding prompt action as per the orders,” he said.

BJP national secretary Rahul Sinha said that it was clear as daylight that TMC and corruption were synonymous. BJP MP Babul Supriyo said that the CM's defence of the tainted MLAs, MPs and SP and speaking against CBI probe order by the court is contempt of court.

On March 14, 2016, the first set of video clips were released by Narada News where TMC leaders including MPs and MLAs were seen accepting money on camera from a reporter who posed as the representative of a fictitious company.