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The CBI had pleaded for shifting the case from the ACJM court to the CBI court in Kolkata and had suggested Midnapore court as its second choice.
Delivering the order, Justice Ashim Kumar Roy said the CBI did not justify the reason for transfer of the case when the investigation was in progress. The investigating agency sought to transfer the case following the advice of Jhargram SP. However, the agency did not place proper document on the SP’s advice, said Justice Roy.
The Midnapore court was located 4 km from the jail and the city was not disturbed. So it will not be difficult to produce the accused there.
The state government, he said, did not file an affidavit in connection with transfer. So the court called for a report from the DGP and Superintendent of Midnapore jail on situation in Jhagram. According to the report, the situation in Jhargram was not normal.
Defence counsel Siladitya Sanyal suggested a video linkage for production of the accused. Justice Roy said there was no such facility.
The CBI had filed a petition in the first week of July in the High Court seeking an order to shift production of the accused from Jhargram court to CBI court in Kolkata on security concerns. The agency apprehended strikes by Maoists on the accused. The two accused had disclosed the names of Maoists leaders and PCAPA members involved in the train carnage.


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