In a significant decision, the Supreme Court of India on May 29 set aside the Calcutta High Court's bail orders for five accused in a post-poll violence case in West Bengal. The accused—Sekh Jamir, Sekh Nurai, Sekh Asraf (also known as Sk Rahul or Asraf), Jayanta Dome, and Sekh Kabirul—were charged with rioting, assault, and attempt to rape in an incident that took place on May 2, 2021, the day Assembly election results were announced in West Bengal.
The bench of Justice Vikram Nath and Justice Sandeep Mehta, while considering an appeal by the Central Bureau of Investigation (CBI), noted that the allegations were grave and serious, capable of shaking the Court’s conscience.
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“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 observed.
The incident involved a concerted attack on the complainant's house, allegedly because he supported the Bharatiya Janata Party (BJP). The Court emphasized that this attack aimed to terrorize and subdue opposition supporters.
“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,” the Supreme Court stated.
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The complainant, a Hindu resident of Gumsima village, was allegedly threatened and attacked by a mob of 40 to 50 people led by Sekh Mahim. They reportedly used bombs, sticks, knives, and revolvers to vandalize his house, loot belongings, and attempt to sexually assault his wife. When she poured kerosene on herself in desperation, the attackers fled. The local police allegedly refused to register the complaint and advised the complainant’s family to leave the village for safety.
“It is undisputed that the complainant approached the Sadaipur Police Station on 3rd May, 2021 for registering a complaint in respect of incident dated 2nd May, 2021, but the officer-in-charge refused to register the FIR conveying that he and his family members should go away from the village for their own safety,” the Court noted.
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The CBI registered an FIR on 16 December 2021, as directed by the Calcutta High Court on 19 August 2021, which had ordered the CBI to investigate post-poll violence cases, especially those involving murder and crimes against women. The accused were arrested on 3 November 2022 and later a charge sheet was filed under multiple IPC sections, including Sections 34, 148, 149, 326, 354, 511 read with 376D and 450.
The High Court’s decision to grant bail was challenged, and the Supreme Court found no significant distinction between the accused and others involved in the disrobing of the complainant’s wife. The trial had seen no progress since the charge sheet filing, which the Court attributed to non-cooperation by the accused.
“The nature and gravity of the offence, coupled with the likelihood of the accused interfering with a fair trial, warranted cancellation of bail,” the Court concluded.
The Supreme Court cancelled the High Court’s bail orders dated 24 January 2023 and 13 April 2023, and directed the accused to surrender within two weeks or face coercive action. Upon surrender or arrest, they would be remanded to custody. The trial court was instructed to complete the trial within six months, and any stay orders on proceedings were lifted.
Additionally, the Home Secretary and DGP of West Bengal were ordered to provide protection to the complainant and material witnesses, with any violations to be reported to the Supreme Court by the CBI or the complainant.
Case no. – Criminal Appeal No. 2880 of 2025 and connected case
Case Title – Central Bureau of Investigation v. Sekh Jamir Hossain and Ors. and connected case
