Calcutta High Court orders revival of 10 murder cases during Nandigram movement

Kolkata: The Calcutta High Court has held that accused persons in ten criminal cases pertaining to murders in Nandigram and Khejuri during an anti-land acquisition movement in 2007 must stand trial, directing that the cases be revived and they should be prosecuted.

Declaring the West Bengal government's decision to withdraw prosecution in the cases involving murder of at least ten persons as bad in law, a division bench presided by Justice Debangsu Basak directed that appropriate measures be taken by the prosecution to revive the cases.

The cases had been withdrawn under section 321 (withdrawal of prosecution against any person by the prosecution with the consent of the court concerned) of the Criminal Procedure Code (CrPC) in 2020.

Holding that murders did take place, the bench, also comprising Justice Md Shabbar Rashidi, said in its judgement delivered on Monday that the accused in the ten criminal cases must stand trial.

"Allowing the prosecution to withdraw under Section 321 of the Criminal Procedure Code will not be in public interest. In fact, it would cause public harm and injury," the bench observed.

Observing that the state's decision to apply Section 321 of CrPC cannot be said to be legal or valid, the bench said, "It has the potential of being misinterpreted as condoning political violence when the constitutional provisions obligates any state to disincentivise violence in any manner or form.

Holding that eradication of violence of any form in a society is an ideal which a state should strive for, the court said that in a democracy, violence in any manner or form, either pre or post-poll, should be eschewed.

"A state must exhibit zero tolerance towards any form of violence," the bench said.

Noting that more than ten persons had been murdered in different incidents in Nandigram and adjoining Khejuri in Purba Medinipur district in 2007, the bench said that criminal cases with regard to such incidents must not be allowed to be withdrawn under section 321 of CrPC "on the ground of return of peace and tranquillity.

Setting aside the West Bengal government's decision to withdraw prosecution in the cases, the bench said "It is expected that the public prosecutor in charge of criminal matters in the courts where the orders of acceptance of the application under Section 321 of CrPC were passed, will take appropriate measures within a fortnight from the date of this judgment and order."