High Court revives 10 criminal cases relating to the murders in Nandigram and Khejuri in 2007

MP, 14 Feb 2025, Kolkata: Reviving ten criminal cases relating to the murders in Nandigram and Khejuri during an anti-land acquisition movement in 2007, Calcutta High Court directed that the accused persons must stand trial. The bench of Justice Debangsu Basak and Justice Shabbar Rashidi declared the state’s decision to withdraw prosecution in the cases concerned as bad in law. 

The court directed that appropriate measures be taken by the prosecution to revive the cases. The cases were withdrawn in 2020 under Section 321 CrPC (withdrawal of prosecution against any person by the prosecution with the consent of the court concerned). 

Holding that murders did take place, the bench directed that the accused in the ten criminal cases must stand trial. 

“Allowing the prosecution to withdraw under Section 321 of the Criminal Procedure Code will not be in public interest. 

In fact, it would cause public harm and injury,” the bench observed. Observing that the state’s decision to apply Section 321 of CrPC cannot be said to be legal or valid, the bench said, “It has the potential of being misinterpreted as condoning political violence when the constitutional provisions obligates any state to disincentivize violence in any manner or form”. 

The court said that in a democracy, violence in any manner or form, either pre or post-poll, should be eschewed. 

“A state must exhibit zero tolerance towards any form of violence,” the bench said. It was noted that more than ten persons were murdered in different incidents in Nandigram and adjoining Khejuri in Purba Medinipur district in 2007. The court set aside the state’s decision. 

https://www.millenniumpost.in/bengal/high-court-revives-10-criminal-cases-598696