Supreme Court judge recuses herself from hearing West Bengal post-poll violence case

A Supreme Court judge, Justice Indira Banerjee on Friday recused from hearing a plea seeking CBI probe into the murder of a BJP worker in post-poll violence in West Bengal, citing personal difficulty.

"I have some personal difficulty in hearing this," Justice Banerjee said as soon as the matter came up for hearing.

She was presiding over a bench that also comprised Justice M R Shah. With the development, the matter would be posted before another bench.

Justice Banerjee hails from West Bengal.

The matter related to the petition filed by Biswajit Sarkar, the brother of slain Bengal BJP worker Abhijit Sarkar.

The petitioner, who claimed to be an eyewitness to the killing of Sarkar on May 2 at North Kolkata, alleged that the mob dragged him out of his house, tied the CCTV camera wire around his neck, and smashed his head and brutally killed him in front of his mother.

On May 18, the court had issued notice to the West Bengal government on the plea for a CBI probe into the killings of two BJP workers in the post-poll violence, witnessed after the ruling TMC secured third consecutive term victory in Assembly elections.

A 60-year-old woman and a 17-year-old minor girl from West Bengal had also filed an application, alleging horrific gang rape by TMC workers, for their families' support to the BJP in the recently held Assembly election. They sought SIT probe into all incidents of post-poll violence.

In a response to the petition by Sarkar, the West Bengal government had told the top court that no interference was required as the High Court was already seized of the matter.

In an affidavit, the West Bengal government claimed the allegations were misleading and politically motivated. It also said the state was cooperating with National Commission for Women already probing violence. It also said the FIR was already lodged, arrests were made and compensation paid to the victims.