The State Government has a responsibility to take appropriate action against police officers facing criminal trials for custodial deaths and suppression of evidence.

ORDER :

1. The concerned officers, who are responsible for investigating into the allegations, are present before us pursuant to our earlier order. Mr. Rakesh Dwivedi, learned senior counsel appearing for the State of west Bengal says that in view of the observations made by the State Human Rights commission, the role of the concerned DSP was investigated into and a criminal charge has been framed against the said DSP under Section 201 Indian Penal Code and is facing criminal trial for the alleged offence. Needless to mention, if in the course of trial, materials come to implicate the accused in any other offence, the trial Judge should exercise power under Section 319 Criminal Procedure Code and act accordingly.

2. To our query - as to whether the said DSP has been suspended from service in view of his facing criminal trial under Section 201 Indian Penal Code, Mr. Dwivedi says that no action appears to have been taken. We are indeed surprised to see the manner in which the State Government, particularly, dealing with the Police Administration, is dealing with such delinquency where the police officer, prima facie, has been found responsible for the custodial death in the lock up as well as has been trying to take active part in suppressing the offence.

3. The Chief Secretary to the Government of State of West Bengal as well as the Home Secretary are directed to appear before this Court on 15th November, 2002 and tell the Court as to what action has been taken against the errant DSP who has been facing criminal trial under Section 201 Indian Penal Code.

4. To come up on 15/11/2002.