The Calcutta High Court, in a significant ruling on Monday, directed the revival of prosecution in ten murder cases linked to the anti-land acquisition movement in Nandigram and Khejuri from 2007. The decision challenges the West Bengal government’s 2020 action to withdraw these cases, deeming it “bad in law.”
The division bench, comprising Justices Debangsu Basak and Md Shabbar Rashidi, held that the accused must face trial for the murders, contradicting the state’s use of Section 321 of the Criminal Procedure Code (CrPC), which allows for withdrawal of prosecution with court consent. The court found that allowing the prosecution to withdraw under this section would not serve public interest and could be misinterpreted as condoning political violence.
The judgment highlighted the importance of discouraging any form of violence in a democratic society, stating, “Eradication of violence of any form in a society is an ideal which a state should strive for.” The bench emphasized that in a democracy, any violence, whether pre or post-poll, must be completely eschewed.
The court’s observations came in light of the murders of more than ten individuals during disturbances in Nandigram and the adjacent Khejuri in the Purba Medinipur district. The bench critiqued the rationale of withdrawing criminal cases on the grounds of restoring peace and tranquility, suggesting such actions undermine justice and the rule of law.
