Thread by @LawBeatInd

Crucial Hearing in Supreme Court on Bengal Violence issue today:
Top Court will hear the appeal by @MamataOfficial Government against a Calcutta HC order which handed over serious crimes such as rape, crimes against women which occurred during #postpollviolence to CBI.

According to the West Bengal Government before Supreme Court, the CBI will be biased as it runs at behest of Centre & that the NHRC Committee report is "misleading".
Read West Bengal Government's take:
lawbeat.in/top-stories/be…

Hearing Begins.
A bench led by Justice Saran in hearing the #BengalViolence case.

Kapil Sibal is for the West Bengal Government.

He tells Court that the case will take the whole day today for hearing and it will even take up tomorrow, perhaps.

#bengalviolence

Justice Saran tells Kapil Sibal who appears for West Bengal Government that the bench will first fix dates for the other cases on the list and come back to the #BengalViolence appeal in 10 minutes so it can be heard at length.

Case Passed over.

#bengalviolence

Case begins.
This kind of proceedings not seen in any other case. West Bengal Polls declared by May 2nd and the @MamataOfficial govt took oath of office on May 5. So one of the issues your Lordships will have to decide is "What is meant by #postpollviolence?": Kapil Sibal

Responsibility of Law and Order before @MamataOfficial govt. took oath of office lay in hands of @ECISVEEP, not with Government of West Bengal: Kapil Sibal says WB not responsible for any violence that occurred prior to May 5.

#bengalViolence

"No One disputes there were incidents of violence": Kapil Sibal for West Bengal Government in #postpollviolence issue before #SupremeCourt

Kapil Sibal on skeletal arguments, takes Bench through Litigious chain in West Bengal Government's Post Poll Violence appeal before Supreme Court.

#bengalviolence

In a federal structure where one party in centre and another in State & there is outright electoral battle in terms of ideology, appropriate to appoint people belonging to particular ideology in the Committee (which fact found #PostPollviolence cases)?: Kapil Sibal for WB Govt.

Context of Administrative Law has a concept of "Bias". We are now dealing with criminal law, which is according to me, far more important because the lives of people are dependent on investigations: Kapil Sibal for @MamataOfficial Govt.
#bengalviolence

The only way that facts can be discovered wrt any incident, especially in context of criminal investigation is through Investigation and no other way for facts to be discovered: Kapil Sibal argues likelihood of bias in investigation into #postpollviolence cases by NHRC Committee

For a criminal investigation, a the CRPC must be followed & the HRA for human rights violations must be followed.... in this case (concerning post poll violence cases), none was followed: Kapil Sibal argues for WB Govt.

Even if one person is objectionable and there is apprehension of bias, the entire finding must be set aside: Kapil Sibal argues likelihood of bias in NHRC's investigation into #postpollviolence cases due to "objectionable" people being appointed.

They (the NHRC) appointed people of their own (with political affiliations to Centre, i.e. BJP): Kapil Sibal in #Postpollviolence appeal by WB Government in #SupremeCourt

The issue is also wrt Natural Justice: Kapil Sibal

Natural Justice for the State?: Justice Saran asks

Yes, the state of West Bengal was castigated! If state is not allowed opportunity to explain in federal structure, NJ gets defeated: Kapil Sibal

#postpollviolence

How did the cases even reach HC? : Justice Bose asks

They didn't even look at what the State Government did, it was an en masse transfer of cases of "post poll violence" to CBI: Kapil Sibal

#postpollviolence

Kapil Sibal in post poll violence appeal by West Bengal Government: People who are touted as being dead are alive, cases are being investigated thereon..
I will show you case by case from records, what was done by police & HC of Calcutta didn't pay heed to it.

Kapil Sibal says a letter by @impriyankabjp to Governor highlighted the #postpollviolence issue in early May.

He highlights, "Tibrewal is the candidate against @MamataOfficial of the BJP".

The Court did not give us the interim report that the NHRC Committee had filed. The High Court of Calcutta went behind our back..... and made scathing remarks!: Kapil Sibal

#postpollviolence

Kapil Sibal says that the police was questioned as if every police officer in the West Bengal state cannot be trusted and to hand over all cases to CBI basically means that the State is being castigated, arguing against the handing over of #postpollviolence cases to CBI by CALHC

Kapil Sibal draws corollaries of Post Poll Violence with #muzaffarnagar Riots in 2013. Says the cases looked at the cases in detail and all aspects weighed. "Almost 10 months was the period it was weighed upon in.
This was not present while handling Bengal Violence cases."

*says court looked at cases in detail

Arguments will continue post-lunch.

Mr.Kapil Sibal resumes his submissions

Committee cannot determine who has committed a crime. Only the courts and the HRC can determine it- Kapil Sibal

The news of #postpollviolence violence was flashed all over the country without giving the Stat an opportunity to explain their side of the case. It has affected the State’s reputation- Kapil Sibal

Justice Vineet Saran to Kapil Sibal: You have made out a case to issue a notice. We will give the State some time to file counter and hear it finally. The court issues notice, the matter is adjourned to 7th October.

Justice Saran: We should not pass any order without hearing the other side

The bench rises. All West Bengal #postpollviolence matters to be heard on the 7th of October