The court held that the investigation should be transferred to the CBI as there was a nexus between the police and those who were directly or indirectly involved in the incident.

JUDGMENT

Prakash Shrivastava, C.J.

1. The petitioner, who is an elected Member of the West Bengal Legislative Assembly and is also the Leader of Opposition in the West Bengal Legislative Assembly has filed this public interest petition in respect of the incident of attack on the convoy of the Hon’ble Minister of State (HMoS), Ministry of Home Affairs, Government of India as also an elected Member of Parliament from Dinhata Parliamentary Constituency on 25.02.2023 when he was visiting his constituency. It is alleged in the petition that two persons, whose names have been disclosed in the petition, in a public gathering had instigated the workers belonging to the ruling party of the State to prevent the movement of the HMoS, Ministry of Home Affairs or workers belonging to the principal political opposition party in the State (ruling party in Centre) at Burirhat, a locality in Dinahata Sub-division of Coochbehar district. It has been pleaded that in the afternoon of 25th of February, 2023 when the HMoS, Ministry of Home Affairs, Union of India was visiting Dinhata Constituency, his car and the convoy was attacked and the workers belonging to the ruling party in the State had started pelting stones and hurling bombs at his convoy and also attacked the workers of the principal political opposition party in the State accompanying the Minister. The allegation is that the police personnel present on the spot took no step to stop the perpetrators. Further allegation is that the supporters of the ruling party in the State had thereafter attacked the party office of the principal political opposition party in the State and also the homes of various workers of the principal political opposition party in the State. The video links of the inflammatory statements of the two persons, who had instigated the workers belonging to the ruling party in the State prior to the visit of the Central Minister of State, have been disclosed in the petition. As per the allegation made in the petition, bombs were hurled at the car of the Union Minister which resulted in the breaking of the car windows as well as certain shrapnel damaging the body of the car which could have resulted in fatalities. The photographs of the damaged car of the Union Minister for State have also been enclosed with the petition. The plea of the petitioner is that the incident was part of larger conspiracy to commit bodily harm upon the Union Minister of State in the Ministry of Home Affairs and the allegation is that the State police is one of the orchestrators behind the incident. In the aforesaid factual background, the prayer of the petitioner is to direct the CBI to cause an investigation into the incident and to deploy adequate Central Paramilitary Forces in the Sub-Division of Dinhata in the District of Coochbehar.

2. On 1st of March, 2023, learned Advocate General representing the State had sought time to file the report and thereafter the report in the form of affidavit on behalf of the respondent No. 4 was filed and exception on behalf of the Union of India and affidavit in reply by the petitioner in response to the report have been filed.

3. Submission of learned Counsel for the petitioner is that the provocative speeches of two persons were uploaded in social medial and that there was a delay in registering the FIR by the police authorities and that from the report of the respondent No. 4, it is clear that the police authorities are biased in favour of the ruling dispensation in the State, therefore, fair investigation is not possible. He submits that the incident has been admitted and considering the circumstances of the case, there is no confidence that the proper and fair investigation will be done by the State police in this case. He submits that it is a serious matter when the Union Minister has been attacked.

4. Learned Additional Solicitor General submits that no proper steps were taken by the State Police on the complaint of the CISF personnel. He further submits th