Supreme Court cancels bail to goons accused of attack and sexual assault on BJP member’s family during post-poll violence, calls it attack on democracy

The Supreme Court on Thursday cancelled bail granted by the Calcutta High Court granting bail to five accused in a rioting and attempt to rape case during the post-poll violence in West Bengal. Accepting CBI’s appeal against the bail order, the apex court said that the allegations in the case were serious and had the effect of shaking the conscience of the Court.

The five accused,  Sekh Jamir, Sekh Nurai, Sekh Asraf alias Sk Rahul alia Asraf, Jayanta Dome and Sekh Kabirul, are accused of vandalizing the complainant’s house, assaulting him, and attempting to rape his wife for supporting BJP.

Justice Vikram Nath and Justice Sandeep Mehta noted that the attack on the complainant’s house by the accused was an act of vengeance for his political support for the BJP. The bench said, “we feel that the present one is a case wherein the allegations against the accused respondents are so grave that the same shake the conscience of the Court. Furthermore, there is an imminent propensity of the accused persons adversely affecting the proceedings of the trial”.

The court said that the Calcutta High Court erred in granting bail to the accused despite the gravity of the allegations and their alleged attempts to obstruct trial proceedings. It added that the allegations of sexual assault and communal targeting had the effect of undermining democratic foundations.

The bench further said, “The concerted attack on the complainant’s house was launched on the day of election results with the sole objective of wreaking vengeance because he had supported the saffron party. This is a grave circumstance which convinces us that the accused persons including the respondents herein were trying to terrorize the members of the opposite political party whom the accused respondents were supporting.”

The case was filed by a Hindu person from Gumsima village in West Bengal, who said that he and his family were attacked by a mob affiliated with the ruling Trinamool Congress party because he had campaigned for the BJP during the assembly elections. As per the complaint, around 40 to 50 armed people vandalised their house, looted valuables and sexually assaulted his wife on 2 May, 2021.

The FIR stated that the mob dragged his wife by her hair, undressed her and then molested her. In a desperate attempt to protect herself, she poured kerosene on her, threatening to immolate herself, after which the mod fled from the scene.

However, when the family later went to file a complaint with the police, the police refused to register FIR against the TMC goons. The cops instead advised them to leave the place for their safety. Later when Calcutta HC ordered CBI to register all such cases, FIR in this case was also registered by the central probe agency. The accused were arrested in November 2022, and a chargesheet was filed.

But they were granted bail by the high court in 2023, and this order was challenged by the CBI at the Supreme Court.

Cancelling the bail, the Supreme Court said that the fact that local police refused to register the FIR shows that the complainant is right that the accused have political influence in the area. Calling the assault on the family an attack on democracy, the court noted, “The reprehensible manner in which the incident was perpetrated shows the vengeful attitude of the accused persons and their avowed objective to subdue the supporters of the opposite party into submission by hook or by crook. The dastardly offence was nothing short of a grave attack on the roots of democracy.”

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