Thread by @LawBeatInd

🚨Calcutta High Court’s Suo Motu case hearing concerning #BirbhumMassacre expected at 2 PM.
Yesterday Court directed State of West Bengal to submit a status report on probe into incident in which homes were set ablaze & 10 persons including women & children were charred to death

Petitioner says that inspite of directions by court yesterday, CCTV cameras not installed
"Police and CM @MamataOfficial has been visiting the place of incident today - they have announced "packages", this is a way to influence witnesses" #BirbhumMassacre

Petitioner: The incident can be compared with 2002 in Gujarat.
Another Petitioner now highlights the various incidents of violence in Bengal. #BirbhumMassacre

Petitioner says fall of law and order blatantly visible in Bengal. "In Nandigram police firing, 14 killed & CBI investigation was granted"
#BirbhumMassacre

Petitioner urges the court to order CBI investigations. Says that the CBI team had been able to collate evidence. History repeats itself, for in Nandigram firing as well, state police was there but they did nothing. #BirbhumMassacre

Petitioner: State police influenced by State government. CBI investigation MUST into #BirbhumMassacre. The DGP of police without investigation has made statement that there's no political motive. He's even tweeted it. Without investigation ... HOW?

Court: We have taken note of your argument.

Petitioner: Information gathered from Mihir Lal Shaikh who's daughter has been killed, wife has been killed and based on that information and the entire area was surrounded by goons from @AITCofficial moment their leader died. #BirbhumMassacre

Petitioner: Police was there. Police was observing & did nothing. Persons were hacked to death and the goons from ruling party burnt the entire area. 8 people were killed on that day itself. Mina Bibi died in hospital. Many persons have been displaced, they are homeless. #Birbhum

Petitioner: Police & Ruling party are working in connivance with each other to run illegal mining.
#BirbhumMassacre

Petitioner calls the incident at #Birbhum a genocide.

Petitioner: Conduct of police is very apparent. Incident occurred on 21st and till today, nothing has been done. No one has been taken into custody, no forensics and no statements have been taken. People who's family is in hospital are not being allowed to meet. #BirbhumMassacre

Petitioner: Police is not taking custody of one "Qiyam Shaikh". The man who's wife and daughter has been killed has not been taken note of and neither has been statement been taken, note that he was the best person to take statement from #BirbhumMassacre

Petitioner: CBI investigation ordered in Nandigram firing. I want to cite one more case where on the very first day, CBI investigation was ordered by Supreme Court.
#BirbhumMassacre #bengalviolence

Petitioner cites a case: In Gujarat riots of 2002, persons were burnt alive in which accusations were directed against the police personnel and CBI investigation was ordered so that independence & credibility is maintained. #BirbhumMassacre

Petitioner: Qaayum Shaikh was coming out from the hospital and he was asked by media, he was looking very frightened. CBI investigation needed so that the people's trust is also there. #BirbhumMassacre

Petitioner cites well known roman expression - "Nero fiddled while Rome burned." [vol. Not only did Nero play music while his people suffered, but he was an ineffectual leader in a time of crisis.]
Urges Court for CBI investigation
#BirbhumMassacre

Petitioner: This is not a case where people have been burnt in their homes. Note that People were first hacked and then dumped into their homes and burnt alive. #BirbhumMassacre

Petitioner: Today Hon'ble Chief Minister said that if any politician wants to visit the spot, police can accompany them. Won't this mess with the evidence? #BirbhumMassacre

Petitioner: I have made prayer to investigate the killing of Bahadur Shaikh - the TMC leader. That is also important. If 10 charred bodies cannot shake the conscience of the court, I don't know what else can!!
Court: Need not raise your voice. Mic is there
#BirbhumMassacre

Petitioner: Our families have seen these videos of charred bodies. This is a rarest of rare case! #BirbhumMassacre

Petitioner: State government is saying it was due to a television blast. Witnesses have seen it wasn't. Whether their statements have been taken note of or not, that is the question. #BirbhumMassacre

Petitioner: Everything was written to @MamataOfficial & the TMC leader there. Its not as if nothing was known to them. She is sitting in front of media and giving instructions to DGP of police. Your lordships can imagine what is happening. #BirbhumMassacre

State of West Bengal's counsel says "I will hand over the case diary but no one else can look at it"
I didn't want to make this adversarial, but looks like they want to.
Court: I know the law very well, please.
#BirbhumMassacre

Advocate General, West Bengal: As of today, CCTV camera's have been installed.
31 cameras are there. CFSL teams have been disbursed as well. The state has also put in a requisition for CFSL after my lords order. #bengalviolence #BirbhumMassacre

Advocate General West Bengal says Post mortem of dead bodies has been done. I wanted to start today on whether I have complied with yesterday's order. I thought I was called to do that but I didn't interrupt anyone. #BirbhumMassacre

AG West Bengal: We are responsible people. It is very easy in this kind of a case to stand up and say things which are not even in the petition. I will show that every submission that they have made is not in petitions. #Birbhum #BengalBurning

AG West Bengal: I am being candid, none of what we have done is going to take a reversal in their current stand. Every political party has been allowed access to village. But when CM @MamataOfficial goes....
Petitioner: Absolutely False statement! Delegation of BJP stopped!

Court: Let him argue.
AG West Bengal: If the Investigating agency feels, they are free to go ahead. Please note that people of other political parties have gone there. The CM @MamataOfficial has gone today and they are saying its wrong. #BirbhumMassacre

Bench deliberates inter se.

Court ask AG: Your case diary mentions date of occurrence and "DR". What is DR?
AG: It is date of recording
Court: What is "DD"
AG West Bengal: I haven't seen it, looking at it now.
#BirbhumMassacre

Court is asking the AG whether the persons who's statements have been recorded are literate since one Dying Declaration has been recorded in English.
AG: It was recorded by doctor
Court: It should be verbatim in same language
AG: Person recuperating now #BirbhumMassacre

AG: We welcome suo motu registration but I want to bring to my lords attention the discrepancies in submissions and petitioners averments. #BirbhumMassacre

AG is pointing out alleged discrepancies in statements already made as well as affidavit filed by petitioner(s).
#BirbhumMassacre

AG: Kindly see what is being thrown under garb of a PIL. Submissions were made by them but none of them form part of averments in affidavit. #BirbhumMassacre

AG arguing against CBI's investigation, citing cases #BirbhumMassacre