Nandigram Myths Decoded: CBI Calls the Bluff

By Nilotpal Basu

HISTORY is cruel; in its own way, it squares up the truth. Seven years back, a rural tract in West Bengal – Nandigram – shot to prominence.  It resonated across the country. The cyber world took it beyond the national boundary and drew international attention. Political observers attributed electoral nemesis of the three decade electoral sway of the Left to the developments in Nandigram.  Nandigram was seen as the ‘diabolical’ anti-peasant face of the Left in Bengal. And overall, it contributed to undermine the credibility of the Indian Left.

What was the background of the unfortunate developments that unfolded in Nandigram in the early days of 2007?  The government of West Bengal in its attempt to industrialize the state had zeroed in on the Petroleum Investment Region scheme mooted by the central government; taking advantage of incentives of the scheme to facilitate the petroleum investment hub where Nandigram would be the core. The requirement for the scheme was a large amount of land.  The locational advantage of Nandigram was its proximity to port city Haldia and existing oil refinery and petro-chemical complex. These existing facilities provided important infrastructure to locate the petroleum investment zone. That agricultural land in Nandigram suffered from salinity, forcing people to migrate for work was another factor which weighed in favour of developing industrial activities in the region.

However, the decision of Left Front government did not find major support from the people. A major factor which affected the mood of the people was the lack of communication. The comprehensive consultative exercise which ought to have helped galvanise popular opinion for industrial activity failed to fructify. And this communication deficit was compounded by a tendentious propaganda blitz by the opposition. A rainbow coalition emerged to oppose acquisition of land for the project.

Taking advantage of the uncertainty that emerged, the broad platform virtually took physical control over the proposed project land. The platform took to violence; digging up roads and blowing up bridges, the entire area went out of the writ of the state government. The law and order situation became captive to these forces. Several killings ensured that discourse on the industrialization agenda could not reach the people. Discussion and debate towards any informed conclusion was the casualty.  

CATCH-22 SITUATION

It was a catch-22 situation for the state government. Given the broad opposition to the project and the related issue of land acquisition, it became clear that without concurrence of people, it was impossible to go ahead with the project; notwithstanding its importance in the overall context of the industrialization agenda. Thus, between January and March 2007, atmosphere of uncertainty and anarchy prevailed in the area.  In February itself, the state government and the chief minister announced that there will be no land acquisition against wishes of the people.  But despite that, the opposition was unrelenting and carried on their violent and lawless ways making the area incommunicado to the state government. The state government was found helpless in ensuring the right of the entrapped citizens. 

And, this was the backdrop of 14th March 2007. A police party which entered the area to restore communication to re-establish rule of law was confronted with. The consequent unfortunate police firing and related incidents resulted in the loss of 14 persons; widespread condemnation against ‘forcible acquisition’ followed.

Nandigram became the symbol around which opposition to the Left government galvanized.  From Maoists on the Left to communal forces of all hues on the Right combined. With TMC spearheading the opposition, its supremo and present chief minister Mamata Banerjee shot into national fame. She became the icon of the anti-Left forces not only nationally but also internationally. Those who were pathologically opposed to the Left catapulted her to lead against hitherto electorally invincible Left; so much so, that she featured on the cover of Time magazine.

Ironically, the Left in India, which had been in the forefront of the struggle for agrarian reforms and land redistribution, was shown as having betrayed that legacy. The overall neo-liberal policy environment featuring large-scale takeover of agricultural land by corporate sharks came to be equated with what happened in Nandigram on the 14th of March. 

Of course, there have been several reasons which led to the setback of the Left in the 2009 Lok Sabha elections and assembly elections in 2011; but Nandigram was widely seen as the trigger which set out the course for undermining the credibility of the Left. 

Much as they attempted to explain their approach, the Left failed in getting its message across. Even before the Left Front government could order any independent probe into the firing on 14th March, the Kolkata High Court, at the insistence of the opposition, ordered a CBI probe.

LF GOVT VINDICATED

Finally, the propaganda blitz that led to institution of CBI probe has come full circle. On 18th December 2013, the CBI, after almost seven years of investigation, filed a chargesheet before the court.  The findings could not be any greater indictment of the then opposition led by TMC and its mercurial leader Mamata Banerjee. The CBI findings completely vindicate what the Left government had contended at that point of time.

The CBI chargesheet reveals – “Investigation has disclosed that efforts were made by the district administration and the police officers to normalize the situation in Nandigram. Many meetings were organized between the administration, leaders of the opposition parties and BUPC”; Bhumi Uchhhed Pratirodh Committee (BUPC) being the umbrella organisation spearheaded by the TMC which led the agitation in Nandigram. But, the CBI has now opined that –“However, there was no visible improvement in the law and order situation which remained out of control for the District Civil and Police administration”.

Detailing about how bad the situation was between January and March, 2007, the chargesheet states -“During this period at least 56 FIRs were registered at Nandigram and Khejuri police stations relating to violence, arson, loot and murder etc. The period also witnessed death of 11 persons and injuries to at least 25 persons due to these clashes. A police Sub Inspector namely Sadhu Charan Chatterjee was kidnapped and killed by the mob, police jeeps were burnt and police weapons were looted. The cases registered could not be investigated by the local police as the local police were unable to enter into the villages during this period”.

The chargesheet comprehensively calls the bluff that the police entry was ‘clandestine’. The chargesheet categorically states that - “On 12.03.2007, the state home secretary briefed the press, in which he informed them about the proposed police action in Nandigram”. Subsequently, “it was decided that the police operation would be conducted on 14.03.2007 at three places in Nandigram”.

The firing was ‘after all attempts to disperse the crowd’ who blocked the police entry through requests over PA system, lathicharge, firing of tear gas and firing in the air ‘failed’.

The chargesheet also nails down the claim that there were hundreds of people killed, with gory charges of children and women being torn apart and their bodies smuggled out. The chargesheet categorically points out that ‘opposition consciously spread rumours’ and ‘organised armed men’ to take on police which led to the unfortunate firing.  As if to add salt to injury, the CBI rejected the plea of the TMC that the political leadership of the Left was responsible.  In fact, despite these findings, the current state government and the chief minister has refused to allow CBI to proceed against police and civil officials whom they found to violate some procedures, insisting that Left leadership must be investigated.

The CBI is no ‘holy cow’. Neither has it done anything spectacular to erase the impression that it is not insulated from political interference having earned the description of ‘caged parrot’.  But, TMC and Ms Banerjee have forgotten that for almost six and a half years during which the CBI was carrying out its investigation, it was they who were in company with the ruling Congress – both in the state and the centre.  The state government had every opportunity to inform CBI towards an ‘informed conclusion’ in course of last almost three years; not to forget that this CBI investigation on firing in Nandigram was essentially at their own behest. 

Therefore, it is an irony that truth has finally come through the CBI chargesheet. Those who had chronicled contemporary events during that period will hopefully revisit conclusions that they had drawn on Nandigram – and, more importantly, on the Left and its intentions.

CPI (M) WORKERS ACQUITTED OF ALL CHARGES

CHHOTO ANGARIA CRIMINAL CASE

MEDINIPUR: In a landmark judgement, the special court of Midnapore absolved all 12 accused in the Chhoto Angaria criminal case lodged by the CBI.  Mr Justice Shyamal Sengupta the West Midnapore fifth additional district session’s judge said in his judgement that no evidence could be furnished by the CBI against the accused and thus they were all of them absolved of all charges and acquitted.  

The CBI had charged the CPI (M) workers including two district committee members Tapan Ghosh and Sukur Ali, of murder, kidnapping with intention to murder, criminal conspiracy, arson, unlawful assembly with deadly weapons and illegal possession of arms.  None could be proved with any evidence.  

Biman Basu, state secretary of Bengal CPI (M) has expressed his satisfaction that justice delayed was not always justice denied, as the present case had amply proved with the trumped up accusations summarily dismissed in the court of law.

 

The case harks back, we recall, to the fiery days and weeks of the early part of 2001 when the Trinamul Congress with the help of the then People’s War Group or PWG (who subsequently merged with other Naxalite factions to become the CPI-Maoist) were deep into a storm of violence in the Keshpur-Garbeta region of Midnapore to sweep out the CPI (M) from the rural countryside.  109 CPI (M) workers were killed in the run up to the 2001 Assembly polls in this district alone. 

On 4 January of 2001, dozen-odd Trinamuli-Maoist criminals had assembled at one Bakhtar Mondal’s house at the Chhoto Angaria village of Garbeta.  Their purpose was making bombs as well as crude improvised explosive devices (IEDs) as later events proved.  Deep into the night, the entire village was shaken into awakening by the ear-splittingly loud bang of a huge explosion as something went very wrong at the Mondal household and the entire stockpile of explosive material burst into one massive blast.   

The house itself disappeared into tiny pieces of rubble over a very large area.  No bodies were to be found by the hordes of forensic experts who descended on the scene quickly enough, and the CBI drew up a list of important CPI (M) functionaries and inter alia held them accused of having caused the explosion.  The arrests were made with equal alacrity and those arrested were sent in on long terms of either police or jail custody. 

CPI (M) Midnapore west secretary professor Dipak sarkar expressed his happiness at the acquittal of the Chhoto Angaria accused, and the released comrades were brought out of the court house in a large procession and were garlanded.  We recall in this connection that the CPI (M) has done very well in the parliamentary polls in the district, as in the rest of the laterite zone.  In the Garbeta segment of the Jhargram (ST) seat, the CPI (M) has won 81% of the valid votes increasing its lead by 23, 000 votes from that achieved in the 2006 Assembly polls.  

West Bengal legislators demand fresh probe into Rizwan death

New Delhi, Jan 9: A delegation of West Bengal legislators from various political parties Friday submitted a memorandum to the Central Bureau of Investigation (CBI), demanding re-investigation into the Rizwan-ur Rehman death case. The delegation met the inspector general of police (IGP) heading the CBI’s Kolkata zone and submitted the memorandum, signed by about 50 legislators.

The legislators also alleged bias on the part of CBI Deputy Superintendent of Police (DSP) P.S. Bose, posted at Special Crime Branch, Kolkata. “The CBI IGP promised them that the agency would thoroughly examine the issues raised in the memorandum with an open mind and will take appropriate action,” said a CBI statement.

The CBI statement clarified that Bose, arrested Dec 29 last year while taking a bribe, was not the investigating officer in the Rizwan-ur Rehman case. Rehman, a computer graphic designer, who married the daughter of a prominent industrialist against her family’s consent, was found dead in mysterious circumstances in September 2007.

“The trap against Bose was laid on the complaint received against him in the Anti-Corruption Headquarters of the CBI. The CBI branch concerned took action against Bose as per provisions of law,” the statement said.

LF MLAs seek Governor's intervention in reopening Riz probe

Kolkata, Jan 2: A group of Left Front legislators today sought intervention of West Bengal Governor Gopalkrishna Gandhi for reinvestigation of the Rizwanur Rehman death case as it had been probed by a CBI officer who was arrested on graft charges.

A delegation of LF legislators led by CPI(M) leader Rabindra Nath Mondal met Gandhi and submitted a memorandum demanding reinvestigation of the case. Mondal wondered why Trinamool Congress chief Mamata Banerjee was"trying to protect"DSP Special Crime Branch of CBI in Kolkata, Partho Sarathi Bose, who was arrested on December 28 by a CBI team from Delhi.

The left leaders also told the governor that the name of Trinamool Congress legislator Javed Khan, who was named by Rehman in his suicide note, did not figure in the CBI chargesheet. Expressing doubt about the investigation carried out by the arrested CBI officer, Mondal said that it was"bound to be biased".

"The arrest of Partha Sarathi Bose on charges of corruption raises serious doubt whether he was
influenced to protect Javed Khan, Rizwanur's relatives and police officers,"Mondal said.He also referred to proceedings in the Assembly on the issue against Khan in the memorandum to the governor. The delegation of MLAs represented all Front partners.

Senior CBI officer caught taking bribe in Kolkata

DSP Partha Sarathi Bose was arrested after a Delhi CBI team laid a trap at Ultadanga crossing

KOLKATA, 28 December: The Deputy Superintendent of Police of CBI, Special Crime Branch, Kolkata, Partha Sarathi Bose, was arrested on Sunday by the CBI’s Anti-Corruption Wing (Delhi) while taking bribe. With Bose being the officer in-charge of various sensitive cases in West Bengal, including Tapasi Malik murder case, Chhota Angaria case and Rabindranath Tagore Nobel theft case, the arrest is expected to create a storm. He is the second high-ranking officer in the Special Crime Branch (SCB) of CBI to be arrested. On August 23, 2007, a month before his retirement, A K Sahay, an SP, was arrested on charges of extortion and amassing wealth disproportionate to his income. Sahay was in charge of the SCB and Bose’s immediate superior.

“The DSP has been asking for Rs 50,000 from a person and harassing him. After receiving the complaint, our special team from the Delhi Anti-Corruption Branch went to Kolkata. A trap was laid and he was caught red-handed,” said a source from Delhi.

According to the CBI, Avatar Singh, a truck operator from Kolkata, lodged a complaint with the agency saying the DSP was asking for a bribe and threatening to implicate him in the murder of an officer with the Directorate of Revenue Intelligence (DRI) in Guwahati in 2006.

On September 12, 2006, Tarun Kumar Dutta, the DRI officer who had reportedly intercepted drug consignments estimated to be worth over Rs 40 crore in the international market, was shot dead by Assam-based drug mafia kingpin Samsul Haque Talukdar alias Pakhi Mian in Guwahati. Pakhi Mian was arrested this year on April 22 by the West Bengal Police from Baguiati. The SCB is investigating the case.

“According to Avatar Singh’s complaint, Bose said his garage was frequented by one Munna Musalman, a co-accused of Pakhi Mian. Bose threatened him that he would implicate him in the murder case if he failed to shell out Rs 50,000. He made a number of phone calls to Singh and also met him personally,” said another source. A trap was laid and Avatar called up Bose to arrange for a meeting to hand over the money. Bose and Singh fixed Ultadanga crossing as the venue. Bose was caught when he arrived at the spot at 12.10 pm and took the cash. Teams raided his office in Salt Lake and his residence in Ultadanga. The raids were on till last reports came in.

Bose, who was leading the investigation in a number of high-profile cases, is one of the most important CBI officers in Bengal. He faced sharp criticism from the ruling CPI(M) when he arrested Suhrid Dutta, party’s Hooghly district committee member, and his accomplice Debu Malik in the Tapasi Malik murder case. The two were recently convicted for life by a lower court. Bose was also criticised by the ruling party for his investigation into the Chhota Angaria case.

According to sources, the CBI top brass in Delhi is now preparing to replace Bose in the SCB’s Kolkata office, which is already reeling under a shortage of senior officers. Superintendent of Police (CBI) S Sunder Rajan was recently transferred to Orissa and held joint charge for both Kolkata and Orissa offices. Bose was at present in charge of the SCB Kolkata, in the absence of any superior.

Constitution Bench takes up validity of ordering CBI probes

New Delhi, December 4, 2008: A five-member Constitution Bench of the Supreme Court commenced hearing on a batch of petitions challenging the validity of courts ordering CBI probes into various incidents occurring in different states of the country.

Opening the arguments for West Bengal Government senior counsel K K Venugopal told the Constitution Bench comprising Chief Justice K G Balakrishnan, Justices R V Raveendran, D K Jain, P Sathasivam and J M Panchal, that neither the High Court, nor the apex court, has the power to order a CBI probe into alleged scandals or on any other issue.

He claimed that the power to order a CBI probe is solely vested with the respective state governments and even the Central Government had no power to order a probe by the Central agency unless the state concerned gave its consent. As per Section 5 & 6 of the Delhi Special Police Establishment Act, under which the CBI has been constituted, the agency can conduct a probe in any state only with prior consent of the said government.

However, in recent years, the Supreme Court and also various High Courts had been ordering probes by the CBI into high-profile cases.West Bengal is the main petitioner in this case as it had taken exception to the Calcutta High Court order for a CBI probe into the Midnapore firing incidents in which several persons were killed.

FROM THE HINDU,

5TH DECEMBER EDITION:

The Supreme Court and the High Courts have no power to order a CBI probe, contrary to the Delhi Special Police Establishment Act (DSPE) that contemplates prior consent of the State concerned.

Senior counsel K.K. Venugopal made this submission before a five-judge Constitution Bench, hearing the question raised by the West Bengal government on the courts’ powers to order a probe by the Central Bureau of Investigation.

The State challenged the powers of the Calcutta High Court to order a CBI inquiry into the death of 11 Trinamool Congress workers in an incident at Gabreta in Midnapore district, which allegedly involved ruling party workers.

During the pendency of this special leave petition, several other State governments also questioned the powers of the High Courts to order a CBI enquiry and hence the matter was referred to the Constitution Bench.

Statutory limitations

Mr. Venugopal said though the High Courts had on several occasions held that they had the inherent powers to refer a matter for CBI probe even without the State government’s consent, they could not do so in the face of statutory limitations.

Under Section 6 of the DSPE Act, prior consent of the State government was a necessity for ordering a CBI probe.

On many occasions, the State governments had themselves, on political or other considerations, given leave for CBI probe but even as the enquiry was on, in the face of unpleasant investigation, the consent was withdrawn, he pointed out.

When Justice R.V. Raveendran told counsel that Section 6 would bind only the Centre and not the courts, Mr. Venugopal said even in the case of inter-State crimes, they could not order a CBI probe without State government’s consent as the matter had wide ramifications.

Checks and balances

He said the function of the apex court or the High Court in a federal/quasi-federal structure was to maintain the ‘checks and balances’ between the Centre and the States.

“This is a crucial role and the apex court would not so interpret the Constitution as to defeat or affect the federal balance maintained by it.

“No provision of the Constitution authorises the court to exercise judicial power contrary to the express provisions of the Constitution itself, or of an Act of Parliament.”

Only curative powers

On the powers of the Supreme Court exercising powers under Article 142 to do substantive justice, Mr. Venugopal, quoting an earlier judgment, said “Powers under Article 142 being curative in nature cannot be construed as powers which authorise the court to ignore the substantive rights of a litigant while dealing with a cause pending before it.”

“The argument that the enquiry is against a Chief Minister or against the interests of the party in power and hence the court has the jurisdiction and duty to direct an investigation and prosecution by the CBI is to ignore a few fundamentals”, he said.

Arguments will continue on December 10 before the Bench, which includes Chief Justice K.G. Balakrishnan and Justices D.K. Jain, P. Sathasivam and J.M. Panchal.