The main legal point established in the judgment is the court's authority to transfer investigations to the CBI in cases of national ramifications or to instill confidence in society, as highlighted in various judicial pronouncements.

ORDER :

1. A very shocking and unfortunate incident has taken place at village Bogtui, on the outskirts of Birbhum's Rampurhat. At late night on 21st of March, 2022, some miscreants have put on fire 10 houses of the village, in which at least 8 persons which include a child, women, and newly married couple have been burnt alive. Apart from the fact that charred bodies of 8 persons have been found from those houses in the village, some villagers are also injured who have been hospitalized.

2. The media reports state that Bogtui is a village with over 2000 population and after the incident the residents of the village have left their houses on account of fear and terror. It has been reported that the killings was the result of the outrage amongst the close aids and supporters of Bhadu Sk, the deputy chief of ruling party run Barishul Gram Panchayat who was killed by assassinator belong to the rival camps, due to bombs hurled on Monday night, and, therefore, the incident is the retaliatory action to Bhadu Sk's killing. Some of the reports also state that the poor villagers became the victim of rivalry between two groups of the ruling party and that incident was caused by goons supported by the political party in power. At this stage, it is not possible to draw any conclusion about truthfulness or falsity of these allegations because investigation is yet to take place but these reports and allegations cannot be completely ignored.

3. On registering the suo motu petition by this Court as many as 5 PILs have also been filed making serious allegations. It has been alleged that the incident had taken place at the instance of the hooligans associated with the ruling party and that even the fire brigade personnel were stopped from entering the village. Apprehension has been expressed that though SIT has been formed but the investigation will be done only to cover up the issue instead of finding the culprits or to unearth the truth. Serious apprehension has been expressed that the investigation has been camouflaged by the investigating agency and the evidence will be destroyed and that the independent investigation by the local police is not possible on account of the involvement of high profile persons connected to one of the political party and that in order to cover up the incident one of the leaders of the ruling party has already stated the incident took place due to short circuit as a television had blasted. A strong apprehension has been expressed about likelihood of tampering the evidence and influencing the witnesses by raising the plea that the incident is the result of a political vendetta.

4. The object of registering this suo motu petition is to ensure fair investigation and to trace out the persons responsible for the incident and to see that they are punished adequately. This Court on 23rd of March, 2022 had issued certain directions in this petition to preserve the evidence and had further directed the learned Advocate General to provide the case diary/report of investigation to this Court and the same has been produced.

5. Submission of learned Counsel for the petitioners is that the investigating agencies are not properly carrying out the investigation and till yesterday no action was taken and only after the intervention by this Court some activity has been shown. It is also submitted that where about of one of the minor witnesses is not known and the police is not recording the statements of the family members of the deceased and that out of fear and terror all the villagers of not only the concerned village but also nearby villages have fled away and it is necessary that justice be done to the victims of the family and the faith of the society in the system is restored, therefore, an independent agency be appointed to carry out the investigation. In support of their submission they have placed reliance upon various judgments of this Court as well as Hon'ble Supreme Court.

6. Learned Advocate General has submitted that all