Central Bureau of Investigation vs Sekh Jamir Hossain case gained attention due to serious allegations of political violence and an attempted sexual assault following the 2021 West Bengal Assembly elections. It involved a minority family allegedly targeted for supporting the opposition party. The incident raised concerns over rising post-poll violence and police inaction in politically sensitive areas. For a deeper understanding of important judicial decisions explore more Recent Judgements

Central Bureau of Investigation vs Sekh Jamir Hossain: Introduction

Central Bureau of Investigation vs Sekh Jamir Hossain case originated from post-poll violence in West Bengal following the 2021 Assembly election results. It involved serious allegations of rioting, assault and attempted sexual assault against a minority family who supported the BJP. The matter was escalated to the Supreme Court after the Calcutta High Court granted bail to the accused.

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The case at hand revolves around a violent attack on a minority family in West Bengal after the 2021 election results. The family, supporters of BJP, were assaulted and their home vandalized by armed miscreants linked to the ruling party. The local police initially refused to register the complaint which led to CBI investigation and legal proceedings. The following are the brief facts of the case of Central Bureau of Investigation vs Sekh Jamir Hossain -

Background and Context

The incident occurred on 2nd May 2021, just after the announcement of the West Bengal Assembly election results. The complainant is a Hindu resident of the village Gumsima, PO Jatra, where the majority of villagers belong to a different community supporting the ruling party. The complainant and his family felt threatened due to their minority status and political affiliation with the Bharatiya Janata Party (BJP).

Political Tensions and Prior Threats

Before the elections, the complainant and a few others started campaigning for BJP which led to threats from ruling party supporters. The tea stall of the complainant was attacked with a bomb before the election results were declared.

The Attack on 2nd May 2021

On the evening of the election results, a large group of 40 to 50 armed miscreants led by Sekh Mahim, a leader aligned with the ruling party, attacked the house of the complainant. The assailants were armed with sticks, knives, iron rods and revolvers. They assaulted the complainant and his family, vandalized and looted their home.

The complainant’s wife was physically assaulted, her hair was pulled, clothes forcibly removed and she was molested. To protect herself, she poured kerosene on her body and threatened to self-immolate which forced the attackers to retreat.

Aftermath and Police Response

Fearing for their lives, the complainant and his family fled the village and approached the Sadaipur Police Station to file a complaint the next day. The police refused to register the FIR and advised the family to leave the village for their safety.

Intervention by the High Court and CBI Investigation

Following a number of similar complaints and writ petitions were filed in the Calcutta High Court regarding police inaction in cases of offences against minorities and women post-elections. The Court directed the Central Bureau of Investigation (CBI) to take over investigations.

Based on this directive, the CBI registered an FIR on 16th December 2021 regarding the attack on the complainant’s house.

Arrest and Bail

The accused were arrested on 3rd November 2022 and placed in judicial custody. After the completion of investigation, the CBI filed a charge sheet against the accused for offences including rioting, assault, attempt to rape and criminal intimidation under various sections of Indian Penal Code.

The accused applied for bail which the High Court granted through orders dated 24th January 2023 and 13th April 2023. These bail orders were challenged in the appeals before the Supreme Court.

Central Bureau of Investigation vs Sekh Jamir Hossain: Issues Addressed

The main question which was addressed in the case of Central Bureau of Investigation vs Sekh Jamir Hossain was whether the Calcutta High Court was justified in granting bail to the accused persons in a case involving serious allegations of rioting, house vandalism, physical assault and attempted sexual assault during post-poll violence, despite the gravity of the offences and potential interference with the fair trial process?

The case also addressed sub-issues:

• Whether the allegations were grave enough to warrant cancellation of bail already granted?
• Whether the accused had the capacity to influence the trial or intimidate witnesses?
• Whether the delay in trial proceedings was attributable to the accused's non-cooperation?
• Whether the grant of bail by the High Court ignored the settled principles laid down by the Supreme Court regarding cancellation of bail in grievous offences?

Central Bureau of Investigation vs Sekh Jamir Hossain: Judgment and Impact

In Central Bureau of Investigation vs Sekh Jamir Hossain, the Supreme Court on 29th May 2025 set aside the orders of the Calcutta High Court in granting bail to five accused involved in a case of rioting and attempted rape linked to post-election violence in West Bengal.

Sekh Jamir and other accused were alleged to have attacked the complainant’s house, assaulted him and attempted to sexually assault his wife in retaliation for the complainant’s support for the Bharatiya Janata Party (BJP) during the Assembly elections.

A Bench comprising Justices Vikram Nath and Sandeep Mehta, while hearing the Central Bureau of Investigation’s (CBI) appeal highlighted the gravity of the allegations and stated that the facts were so serious they "shake the conscience of the Court." The Court in Central Bureau of Investigation vs Sekh Jamir Hossain noted the likelihood that the accused could interfere with the trial if granted bail.

The Court observed that the attack was a deliberate act of vengeance aimed at terrorizing political opponents and described the incident as a severe assault on democratic principles. It further noted that the refusal of the local police to register the complaint supported concerns over the accused’s undue influence in the area.

The Supreme Court in Central Bureau of Investigation vs Sekh Jamir Hossain allowed the CBI’s appeals against the bail orders dated January 24 and April 13, 2023, passed by the Calcutta High Court.

The Court reaffirmed established principles regarding bail and stated that bail should not ordinarily be cancelled except in cases involving fraud, grave allegations that shock the conscience, risk of absconding, tampering with evidence or potential to cause fear in society.

The Court in Central Bureau of Investigation vs Sekh Jamir Hossain found prima facie evidence that the accused had unlawfully assembled, vandalized and looted the complainant’s house and attempted to sexually assault his wife. It also noted significant delay in the trial’s progress due to the accused’s non-cooperation.

Given the gravity of offences and the risk of obstructing justice, the Court ruled that bail should be cancelled. The accused were directed to surrender before the trial court within two weeks or face coercive action. Upon surrender or arrest, they are to be remanded in custody.

Further, the Supreme Court in Central Bureau of Investigation vs Sekh Jamir Hossain directed the trial court to complete the trial within six months and any previous stay on proceedings was lifted. The Court also directed the West Bengal Home Secretary and Director General of Police to ensure protection for the complainant and key witnesses with any violation to be reported to the Supreme Court.

Conclusion

In Central Bureau of Investigation vs Sekh Jamir Hossain, the Supreme Court on 29th May 2025 set aside the bail orders granted by the Calcutta High Court. The Court cited the grave nature of the offences and risk to a fair trial. It directed the accused to surrender and ordered the trial to be completed within six months and also ensured protection for the complainant and witnesses.