Kabir Shankar Bose vs State of West Bengal (2024) - Case Analysis

Introduction of Kabir Shankar Bose vs State of West Bengal (2024)

The case of Kabir Shankar Bose vs State of West Bengal (2024) centers on whether the investigation into two FIRs against BJP leader Kabir Shankar Bose should be transferred to an independent agency like the CBI. The Petitioner contended that the local police were biased due to political reasons and personal conflicts. The case was brought before the Supreme Court under Article 32 of the Indian Constitution which had to decide if an independent investigation was needed to ensure fairness. The Supreme Court in its decision on 4th December, 2024 focused on ensuring a fair investigation free from political influence.

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Why in the Spotlight? - Kabir Shankar Bose vs State of West Bengal (2024)

The 2-Judge Bench comprising Justice B.V Nagarathna and Justice Pankaj Mithal directed CBI investigation into two FIR’s filed against the BJP Leader Kabir Shankar Bose. The Bench observed that - “Justice may not only be done but it must appear to have been done and Investigation should not only be credible but also appear to be credible”.

Historical Context and Facts of Kabir Shankar Bose vs State of West Bengal (2024)

The case at hand pertains to the clarification given by the Supreme Court regarding the legal principles governing the transfer of investigations. The case involves Kabir Shankar Bose, a BJP leader from West Bengal against whom the allegations of assault and sexual harassment have been raised. The following are the brief facts of the case -

Background of the Petitioner

The Petitioner Kabir Shankar Bose is an Advocate and a Spokesperson for the Bharatiya Janata Party (BJP). The Petitioner was previously married to the daughter of a senior Trinamool Congress (TMC) Member of Parliament, Kalyan Banerjee. In 2010 the marriage was solemnized but in 2018 they got divorced.

Incident on 6th December, 2020

The Petitioner Kabir Shankar Bose claimed that while he was leaving under the protection of Central Industrial Security Force (CISF) personnel around 200 individuals who were reportedly affiliated with the TMC surrounded his house and vehicle. He also claimed that during the attack his car was extensively damaged and CISF personnel were also injured while protecting him.

FIR’s Filed Against the Petitioner Kabir Shankar Bose

On the day following the incident, two First Information Reports (FIR) were filed against the Petitioner Kabir Shankar Bose on 7th December, 2020.

• The 1st FIR was lodged by Santosh Kumar Singh at the Serampore Police Station accused the Petitioner (Kabir) of grievous hurt, attempt to murder and other offences under Section 341, Section 323, Section 325, Section 326, Section 307, Section 354, Section 504, Section 506 and Section 34 of the Indian Penal Code (IPC).
• The 2nd FIR was filed by Tanushree Singh at the same police station under Section 341, Section 325, Section 354A and Section 34 IPC including assault and outraging the modesty of a woman.

Arrest of Kabir Shankar Bose

On 7th December, 2020 the Petitioner Kabir was arrested but was granted bail on the same day by the Additional Chief Judicial Magistrate in Serampore.

Petitioner’s Allegations

The Petitioner Kabir alleged that the FIRs were politically influenced and were staged by his former Father-in-law, Kalyan Banerjee to harass him. He also claimed that the local police were biased due to political interference and were incapable of conducting a fair investigation. The Petitioner also raised concerns about threats to his life and accused the state authorities of acting as a ‘private army’ for political purposes.

Contentions of State of West Bengal

The State of West Bengal denied the claims of the Petitioner and stated that the FIRs were in relation to the cognizable offences including grievous hurt and outraging the modesty of a woman. The State of West Bengal opposed transferring of the investigation to an independent agency. The state further alleged that the petitioner was attempting to politicize the issue to evade legal accountability.

Contention of Respondent No. 7 Kalyan Banerjee

The Respondent No. 7 Kalyan Banerjee denied the allegations of Kabir Shankar Bose and attributed his claims to personal grievances which resulted from their marital discord. He claimed that CISF personnel accompanying the Petitioner had assaulted individuals during the incident including allegations of molestation against a TMC worker.

Security Concerns

Since 2019 the Petitioner Kabir Shankar Bose had been under the protection of CISF due to ongoing political and personal disputes including his enmity with his father-in-law Kalyan Banerjee.

Proceedings of the Supreme Court

The Petitioner Kabir Shankar Bose invoked Article 32 of the Constitution and requested the transfer of the investigation to an independent agency such as the Central Bureau of Investigation (CBI) or a Special Investigation Team (SIT).

Issue addressed in Kabir Shankar Bose vs State of West Bengal (2024)

The main question which was addressed in this case was whether the investigation into two FIR’s against the Petitioner Kabir Shankar Bose should be transferred to an independent agency like the Central Bureau of Investigation (CBI) due to alleged bias, political rivalries and potential conflict of interest involving the local police?

Legal Provisions involved in Kabir Shankar Bose vs State of West Bengal (2024)

In the Supreme Court Judgement Kabir Shankar Bose case Article 32 of Indian Constitution played a significant role. The following is the legal analysis of this provision -

Article 32 of the Constitution of India

Article 32 of the Constitution guarantees the right to approach the Supreme Court to enforce the fundamental rights provided in Part III of the Constitution. It enables individuals to seek justice when their rights are violated.

Judgment and Impact of Kabir Shankar Bose vs State of West Bengal (2024)

The Supreme Court in the Kabir Shankar Bose case addressed the plea of the Petitioner for transferring the investigation of two FIRs from the local police to an independent agency. The Court considered the undisputed facts including - 

• the political affiliations of the parties
• the history of personal animosity
• the involvement of CISF personnel attached to the Petitioner

The Supreme Court noted that these circumstances could reasonably create apprehension regarding the impartiality of the investigation by the local police. The Court highlighted that Constitutional Courts have the discretion to transfer investigations to independent agencies like the CBI in exceptional cases where fairness and public confidence in the process are at stake.

Thus, the Supreme Court issued a writ of mandamus and ordered the State of West Bengal to hand over all records related to the two FIRs to the CBI. The writ petition was allowed and the court directed the CBI to complete the investigation expeditiously.

Conclusion

In Kabir Shankar Bose vs State of West Bengal (2024) the Supreme Court allowed the plea of the Petitioner for transferring the investigation of two FIRs from the local police to the CBI. The Court directed the CBI to handle the case to ensure impartiality and expeditiously completion of the investigation.