The fear in responsible circles is that Anubrata Mondal might not be safe in police custody in the state of West Bengal since a powerful section has been eager to stop his transfer to Delhi.
The United States had coined the term “rogue states” during the Cold War days when President Ronald Reagan said on record that Washington would not tolerate “attacks from outlaw states by the strangest collection of misfits, loony tunes, and squalid criminals”. But the term is never applied to the various provincial governments in India, the world’s largest democracy. There is a provision in the Constitution of imposing the Centre’s rule in a state where administration is not carried out as per the provisions laid down. Political misuse of the provision led to the Supreme Court coming out with certain restrictions on the imposition of President’s Rule in a state. The critical nub may be summed up as: Article 356 is justified only when there is a breakdown of constitutional machinery and not administrative machinery.
The recent developments in the state of West Bengal may require persons engaged to protect our Constitution to examine how the breakdown of the constitutional machinery perhaps needs to be ascertained. In other words, if there are instances of abusing the constitutional machinery without concern of any niceties how the same should be treated. The arrest of the ruling Trinamool’s alleged muscleman and money collector and award of police custody may draw the attention of higher courts.
The curious case unfolded on the day Delhi’s Rouse Avenue Court granted a production warrant to the ED to take Anubrata Mondal, an alleged cattle smuggler and TMC strongman, to the national capital and question him in connection with the cattle smuggling scam at the agency’s headquarters in Delhi. At the time when the judgement was being pronounced in Delhi, a complaint was getting filed by a certain Shibthakur Mondal at Dubrajpur police station in Bengal, accusing Anubrata Mondal of attempt to murder charges. Shibthakur claimed that at the time of the state assembly election in May 2021, Anubrata had grabbed him by the neck and had threatened to kill him had Shibthakur dared to cross over from TMC to BJP. Election for the West Bengal state legislative assembly was held between March and April 2021. In all probability the alleged incident took place during that time.
But Shibthakur had filed the complaint with the police only in the afternoon of 19 December 2022, at least 20 months after the alleged incident. He till then refrained from filing a complaint. Now that he was lodged in jail, Shibthakur gathered courage and filed a case. Though more than three months had elapsed after the alleged assault, the Dubrajpur police immediately turned the complaint, without further check, into an FIR. However, the West Bengal police took the incident seriously, picked up Anubrata from the Asansol jail, where he was lodged in a larger case involving cattle smuggling, took him to the lower court in Dubrajpur and obtained seven days of police custody. The counsels for Anubrata reportedly were so shocked at the sudden development that they did not seek bail for him. Clearly, the police custody was more desirable than ED custody in Delhi.
The fear in responsible circles is that Anubrata might not be safe in police custody in the state since a powerful section has been eager to stop Anubrata’s transfer to Delhi. In case something untoward happens to him, the cattle smuggling case would stop without tracing the entire money trail. The fact that there was an attempt on the life of Anubrata’s bodyguard, Saigal Hossain before he was arrested by the central investigative agencies is a case in point. Anubrata needs to be protected, in the view of citizens intent on justice in the cattle smuggling case. A public interest litigation has been filed against the Dubrajpur case in the Calcutta High Court.
Interestingly, all funds and assets of Anubrata have been frozen by the investigative agencies. Yet there are pricey and senior lawyers like Kapil Sibal and Abhishek Manu Singhvi pleading for him in various courts. Either such illustrious lawyers, who are also public persons, are convinced of the innocence of Anubrata and acting pro bono or they are getting paid well. If senior lawyers and political luminaries like Sibal and Singhvi feel that Anubrata is unduly harassed they should have said so openly in media. The fact that they did not, gives the impression that they are acting merely as defence lawyers. The question then arises is who is paying on behalf of Anubrata who cannot access his own funds now, if payment is being made? Is the fee is coming from the state exchequer? If not, an investigation is warranted which will reveal the identity of Anubrata’s accomplices. Does Anubrata Mandal have the magic key that might implicate top leaders of West Bengal should he come to Delhi and spill the beans? Hence, the fear of possible sudden death of Anubrata who needs urgent witness protection.
The Dubrajpur case involved the filing of an FIR after one and a half years in the afternoon when a Delhi court allowed the ED to move Anubrata to Delhi for interrogation. A superior court is likely to take cognisance of the curious game played and restore credibility in the judicial system. The ED has asked for certified copies of the court papers to use in higher courts. In any case, Anubrata’s appeal in the Delhi High Court against the Rouse Avenue court judgement will be heard in January. The Dubrajpur case will certainly act against Anubrata’s appeal.
In his nonsense rhyme, Sukumar Ray wrote: “In Shiva’s homeland, the rules are quite strange, as I can truly attest”. In this instance, one Shibthakur, reportedly a local muscleman, lodged the complaint which lower judiciary found strong enough to take cognisance. Some say the Dubrajpur incidence is a “breakdown of the Constitutional machinery”. A superior court has the authority to examine if this view merits acceptance. Superior courts need to initiate stern measures to stop the Constitution from being violated, and ordinary people made to suffer. It is time for the courts to restore people’s faith in governance in West Bengal.
Author Sugato Hazra’s latest book is “Losing the Plot: The Political Isolation of Bengal”.