A division bench comprising Chief Justice J N Patel andJustice Asim Kumar Roy observed that in its view there wassufficient material on record to show that the local committeeof the CPI(M) was involved in the incident.
The FIR in the case, in which nine persons were killedand several others injured at Netai village in Lalgarh, hadmentioned six CPI(M) cadres and leaders, including the rulingparty''s Lalgarh local committee secretary Joydeb Giri.
The court noted that two armed camps, one at Netai where20 persons armed with weapons were camping in the house of alocal CPI(M) member, and another at Birkar, were organised bymembers of the local committee of CPI(M) of which Giri is thesecretary.
"We have no hesitation to come to a conclusion that thestate CID will not be able to work in an effective way beyondthis point as one cannot ignore the fact that presently thestate government or the ruling party consists of members ofthe Communist Party (Marxists)," the court observed in itseight-page order.
"We fail to understand why the investigating agency hasnot been able to lay their hands at the basics of theinvestigation, namely the suspects who belonged to the cadreof CPI(M) party," the court observed, stating, "this itself issufficient to lead us to a conclusion that the state CID maynot be able to discharge its functions fairly andimpartially." PTI AMR MD