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High Court Of Calcutta
A. K. MATHUR, GIRISH CHANDRA GUPTA
COMMITTEE FOR PROTECTION OF DEMOCRATIC RIGHTS - Appellant
Versus
STATE OF WEST BENGAL - Respondent
C. R. 1601 Of 2001
Decided On : 03/30/2001
CRIMINAL LAW - INVESTIGATION - CBI INVESTIGATION - TRANSFER OF INVESTIGATION - CONDITIONS FOR - FAIRNESS AND IMPARTIALITY - POLITICAL IMPLICATIONS - DELAY IN INVESTIGATION - TRANSFER OF INVESTIGATION TO CBI.
Fact of the Case:
A public interest litigation was filed alleging that the investigation into a mass murder incident in West Bengal was not being conducted impartially and fairly by the State Police due to political implications. The incident involved the killing of eleven persons by members of a political party, and the FIR was lodged on 5th January, 2001. Despite the passage of three months, no arrests had been made except for one person, and the police had not been able to identify the deceased persons or make any breakthrough in the investigation.
Finding of the Court:
The Court found that the investigation by the State Police was not proceeding with the speed and impartiality that it ought to have, given the grave nature of the incident and the political implications involved. The Court noted that more than three months had elapsed since the incident, but the police had not been able to make any significant progress in the investigation, and that this raised concerns about the fairness and impartiality of the investigation.
Issues: 1. Whether the investigation into the mass murder incident was being conducted impartially and fairly by the State Police. 2. Whether the delay in the investigation and the failure to make any arrests or identify the deceased persons warranted the transfer of the investigation to the CBI.
Ratio Decidendi: The Court held that in order to do justice in the case, maintain impartiality and fairness in the investigation, and uphold the Rule of Law, it was necessary to transfer the investigation to an independent agency, namely the CBI. The Court noted that the allegations against the assailants being members of the ruling party raised concerns about the impartiality of the State Police, and that a fair and impartial investigation could only be ensured by entrusting it to an independent agency.
Final Decision: The Court directed the Director, Bureau of Central Investigation to depute officials not below the rank of Superintendent of Police to take up the investigation and expeditiously complete it within three months. The Court also directed the Registrar General, Appellate Side of the Court to send a copy of the order to the Director, Central Bureau of Investigation, New Delhi at the cost of the Court.
( 1 ) WE have heard the learned counsels for the parties.
( 2 ) THIS is a public interest litigation filed by the Committee for Protection of Democratic Rights, West Bengal being a registered body under the Registration of Societies Act which has brought this public interest litigation with the following prayers :" (A) A Writ in the nature of Mandamus directing that the investigation in Garbeta P. S. Case 3 of 2001 arising out of a Written Complaint lodged by one Abdul Rahman Mondal on 4th Jauary, 2001 at Garbeta P. S. be forthwith handed over and be conducted by the Central Bureau of Investigation being the respondent No. 7 herein. (B) A Writ and/or order or orders in the nature of Certiorari directing the respondent Nos. 1 to 6 herein to certify and produce before the Hon'ble Court all records and the case diary pertaining to the Garbeta P. S. Case No. 3 of 2001 dated 4-1-2001, so that the same may be perused and appropriate orders be passed so that conscionable justice be done. (C) Rule Nisi in terms of prayers (a) and (b) above. (D) An order directing that the investigation in Garbeta Police Station Case No. 32 of 2001 arising out of a written complaint lodged by one Abdul Rahman Mondal on 4-1-2001 at Garbeta Police Station be forthwith handed over and be conducted by the Central Bureau of Investitation being the respondet No. 7 herein. (E) Ad-interim order in terms of prayer (d) above. (F) And for such further order or orders as Your Lordships may deem fit and proper. "
( 3 ) WE need not to go into the allegations made by the one political party against another political party. We are concerned with an unfortunate incident that took place on 4th January, 2001 in the village of Chhoto Angaria in Anchal No. III, Police Station - Garbeta, District Midnapore. It is alleged that on 4th January, 2001 at 10. 30 p. m. eleven persons were murdered by the persons belonging to one political party and the FIR of that incident was lodged on 5th January, 2001 at 10. 30 a. m. by Abdul Rahman Mondal. It is alleged that some miscreants attacked with fire arms and other explosives as a result of which eleven persons were killed and FIR was lodged on 5th January, 2001. In spite of that no effective steps were taken by the police. Therefore this public interest litigation has been filed before this Court making serious allegations against the police that they are not prosecuting the investigation expeditiously causing serious prejudice to the fairness of the investigation at the behest of the political party in power.
( 4 ) WE directed the Advocate General on 2nd March, 2001 to file affidavit in opposition by 7th March, 2001 and the affidavit in reply, if there any, be filed within one week and the matter was directed to come up on the list on 14th March, 2001. Thereafter, the matter was taken up on 16th April, 2001 and on that date, we directed the Advocate General to place the report of the investigation said to have been conducted by the CID, West Bengal and we are directed that a requisition be sent to the Secretary, National Human Rights Commission, New Delhi requesting them to send a report of the investigation conducted by their officers. We also directed the Secretary, State Human Rights Commission, West Bengal to send a report of the investigation conducted by their officers on that matter. The report of the CID, West Bengal who conducted the investigation has been placed before us as well as the report of the investigation conducted by the officers of the National Human Rights Commission has also been placed. We have a report of the investigation sent by the Secretary of the State Human Rights Commission. No independent investigation was conducted by State Human Ritghts Commission.
( 5 ) WE have gone through all the reports and also heard the learned counsels for the parties and leared counsel for Kaushol Kishor Singh, the added respondet No. 8 herein, who was permitted to intervene in this matter.
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