The Supreme Court on Friday pulled up the CBI for its “scandalous allegations” that the entire judiciary in Bengal was functioning under a “hostile environment” and that the trial relating to post-poll violence in 2021 in which nearly a dozen people were killed and scores injured be transferred out of the state.

A bench of Justice Abhay S. Oka and Justice Pankaj Mithal, while taking strong exception to the allegations made by the CBI in an affidavit, said it was a fit case for initiating contempt proceedings against the agency’s officer who drafted the affidavit, but refrained from doing so after additional solicitor-general S.V. Raju tendered an “apology” and sought permission to withdraw the document and file a fresh one.

As soon as the CBI’s petition for transfer of the case came up for hearing, Justice Oka asked the ASG: “Mr Raju, what kind of grounds are taken in this? That all courts in West Bengal have a hostile environment? A blanket averment that courts are illegally granting bail? This is casting aspersions that the entire judiciary is under a hostile environment.”

The bench orally observed: “It is unfortunate a central agency makes such comments against the judiciary. How can you make such allegations? Your officers may not like the judicial officer or a particular state, but don’t say the entire judiciary is not functioning.”

“It is unfortunate that a central agency is making such comments against the judiciary,” the court added.

Raju said some officer had “loosely drafted” the affidavit and sought permission to file a modified one.

“It is a fit case to initiate contempt proceedings against the official who drafted it,” the bench said.

Later, the court passed a written order saying: “Scandalous allegations have been made against all the courts in general in West Bengal. It has been repeatedly averred that there is a hostile environment prevailing in the courts. It is very unfortunate that the central agency has chosen to cast aspersions on courts in West Bengal.

“Learned ASG Shri S.V. Raju states that there was no intention to cast aspersions. However, the averments are to the contrary. He seeks permission to withdraw. We make it clear that all objections to the proposed transfer are expressly kept open.”

Another Supreme Court bench of Justices Bela M. Trivedi and Satish Chandra Sharma issued notice to the Bengal government and two accused persons over the special leave petition filed by a man seeking cancellation of the bail granted to the duo in connection with the post-Assembly poll violence in the state.

The petitioner’s brother was killed by a mob in front of his mother.

Senior advocate Mahesh Jethmalani, representing the victim’s family, apprised the court that on the basis of these bails, two other accused had also been allowed the relief and the petitioner was now being threatened. He sought cancellation of the bail granted to the two accused.

The appeal had been filed by the victim’s family against an order of Calcutta High Court granting bail to the accused on the ground that they had already been in jail for two-and-a-half years and the trial would take several years to conclude, hence the accused cannot be incarcerated indefinitely.