Calcutta HC Transfers Double Murder Probe to CID Amidst Allegations of Botched Autopsy and Police Inaction

Kolkata, India – In a significant ruling underscoring the necessity of public confidence in the criminal justice system, the Calcutta High Court has ordered the transfer of a double murder investigation from the local Khejuri police to the state's Criminal Investigation Department (CID). The decision, delivered by Justice Tirthankar Ghosh, was prompted by grave allegations of police inaction, suspicious circumstances surrounding the deaths of two men, and stark, irreconcilable discrepancies between two post-mortem reports.

The case, Subhash Chandra Paik @ Chandara (W.P.A. 15931 of 2025) , centers on the brutal deaths of Sudhir Chandra Paik and Sujit Das in the early morning hours of July 12, 2025, in Purba Medinipur. The court's intervention highlights a critical judicial check on investigative agencies when their impartiality and competence are called into question.

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Background of the Incident: A Cultural Event Turned Tragedy

The tragic events unfolded during a cultural dance program organized by the Muharram committee at Paschim Bhanganbari Kolmore, which reportedly ran from July 11 to July 16, 2025, without the necessary permits from local police authorities.

According to the petitioners' counsel, at approximately 2:00 AM on July 12, both Sudhir Chandra Paik and Sujit Das collapsed under mysterious circumstances. It was not until 4:00 AM that family members were alerted by villagers—not the police—that their relatives had been taken to Janka Hospital. Upon arrival, they were met with a scene of alleged medical and official neglect.

The petitioners argued that the victims were not provided with proper medical attention. More disturbingly, hospital staff and attending doctors reportedly refused to disclose information regarding the cause of death and even prevented the family from viewing the bodies. When they were finally able to see their deceased relatives, they observed multiple, visible injuries, including bruises on the forehead, neck, and lower back, with signs of bleeding, strongly suggesting a violent assault rather than a medical emergency.

Allegations of Police Misconduct and a "Staged" Post-Mortem

The crux of the petitioners' argument before the High Court was the "deliberate and conscious inaction on the part of the police authorities." Counsel contended that the police not only failed to inform the family in a timely manner but also appeared to actively participate in obfuscating the true cause of death.

Despite the clear external injury marks, the initial post-mortem conducted at Tamluk District Hospital on July 12, 2025, concluded the cause of death was electrocution. This finding immediately raised red flags for the victims' families and formed the basis of their plea to the High Court. Counsel for the petitioners asserted that this autopsy was "staged" and "absolutely contrary to the bruises on the body of the deceased," thereby raising fundamental questions about the "authenticity as well as the will of the investigating agency to carry out a free and impartial investigation."

The petitioners bolstered their claims by citing eyewitnesses who allegedly saw the accused, associated with the Muharram Committee, assault Paik and Das to death with deadly weapons. The court noted with concern that the local police, until the time of the hearing, had made no discernible effort to identify or question these crucial eyewitnesses.

The Court's Rationale: Conflicting Autopsies and the Erosion of Public Trust

The turning point in the proceedings was the glaring contradiction between the first post-mortem and a second one conducted at SSKM hospital. The court observed that the second post-mortem report for Sujit Das was "diametrically opposite" to the first, lending significant weight to the petitioners' claims of foul play and a cover-up.

Justice Tirthankar Ghosh, in his order, emphasized the paramount importance of maintaining public faith in the investigative process. The court found that the combination of factors—the manner of the investigation, the conflicting expert opinions from autopsy surgeons, and the failure to pursue obvious leads—created a cloud of doubt that the local police could not dispel.

"Having regard to the factum of instilling public confidence in an investigation both in respect of the manner of investigation process, the difference in the opinion of the Autopsy Surgeons and the fact that the incident happened simultaneously at the same place which raises a doubt after obtaining the second post-mortem report, I am of the opinion that it would not be safe to allow the investigation to be continued by the local police authorities of Khejuri Police Station," Justice Ghosh held.

The court's decision was a direct response to the perceived failure of the Khejuri Police to conduct a basic, unbiased inquiry. The order reflects the judiciary's responsibility to intervene when the actions of an investigative body undermine the very principles of justice it is sworn to uphold.

Legal Implications and the Way Forward

The court has directed the Additional Director General (ADG) of the West Bengal CID to form a Special Investigating Team (SIT) led by an officer of the rank of Deputy Inspector General (DIG). This team, to be drawn from the CID's Homicide Section, is now tasked with uncovering the truth behind the deaths of Paik and Das.

This judgment serves as a powerful precedent for legal practitioners seeking to challenge flawed or biased police investigations. It reiterates that a fair investigation is an indispensable part of the right to a fair trial under Article 21 of the Constitution. The court's reliance on the "public confidence" doctrine reaffirms that justice must not only be done but must also be unequivocally seen to be done.

For law enforcement agencies, the ruling is a stark reminder of the scrutiny they face and the severe consequences of procedural lapses and perceived bias. The case underscores the critical role of forensic evidence, particularly autopsies, and the imperative for medical-legal experts to maintain the highest standards of integrity. The CID's investigation will now be closely watched as it attempts to unravel the conflicting narratives and deliver justice to the families of the victims.