The Supreme
Court has cancelled the bail granted to six Trinamool Congress (TMC) workers
accused of attacking a Hindu family for supporting the Bharatiya Janata Party
(BJP) during the 2021 West Bengal Assembly elections. The court termed the
incident a “grave attack on the roots of democracy” and warned of serious
implications if justice is not ensured, reported The Times of India.
The
top court’s ruling came while allowing an appeal against the Calcutta High
Court’s order that had granted bail to Sekh Jamir Hossain, Sekh Nurai, Sekh
Ashraf, Sekh Karibul, and Jayanta Done.
A
bench of Justices Vikram Nath and Sandeep Mehta noted that the attack was
launched on the day election results were announced, with the clear motive of
punishing the complainant for backing the saffron party.
“The concerted attack on the [Hindu] 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,” the SC bench
said.
“This is a grave circumstance which convinces
us that the accused persons, including the respondents herein, were trying to
terrorise members of the opposite political party whom the accused respondents
were supporting,” it added.
Justice Mehta further stated
that the assault went beyond criminal intimidation and amounted to a direct
assault on democratic values.
“The reprehensible way the incident was perpetrated
shows the vengeful attitude of the accused persons and their avowed objective
to subdue supporters of the opposite party into submission by hook or by
crook,” he said. “The dastardly offence was nothing short of a grave attack on
the roots of democracy,” he added.
Recognising that cancelling bail
requires a higher legal threshold, the court said the allegations were serious
enough to shake its conscience.
“Having regard to the facts enumerated above,
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,” the SC bench observed.
The
judgment recorded that the complainant’s wife was dragged by the hair,
disrobed, and nearly sexually assaulted, but managed to stop the attack by
threatening self-immolation using kerosene.
The
bench concluded that a fair trial would not be possible if the accused remained
on bail. “There is no possibility of a fair and impartial trial being conducted
if the accused respondents are allowed to remain on bail... the bail granted to
the accused respondents must be cancelled.”
This marks the second recent judicial reference to
targeted attacks on Hindus by TMC supporters. Earlier, a fact-finding team set
up by the Calcutta High Court found that a TMC MLA and corporator in
Murshidabad had allegedly identified Hindu homes that were later targeted
during protests against a new waqf law. Two people were killed in that attack.
The
Supreme Court directed the trial court to complete proceedings within six
months. It also ordered the West Bengal Home Secretary and Director General of
Police to provide protection to the complainant and witnesses. The court
cautioned that it would take action if the CBI reported any violations.
The
case dates back to May 2, 2021, in Gumsima village—a Muslim-majority area—where
TMC workers allegedly retaliated against a Hindu family that had supported the
BJP. The complainant had earlier told police that he was being obstructed from
performing religious rituals.
That
evening, an armed mob of 40–50 people, led by Sekh Mahim, reportedly hurled
bombs at the house, looted belongings, and assaulted the complainant’s wife.
The woman poured kerosene on herself to stop the attack, prompting the mob to
flee. The family eventually left the village to protect themselves.
Despite
approaching the Sadaipur police station the next day, the complainant was
allegedly discouraged from filing a complaint and told to leave the village.
Multiple similar complaints reportedly went unrecorded.
In
response, the Calcutta High Court on August 19, 2021, directed the CBI to probe
cases involving rape, murder, or attempts thereof. The CBI registered multiple
FIRs in December 2021.