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2022 Supreme(Cal) 636
IN THE HIGH COURT OF CALCUTTA
Prakash Shrivastava, Rajarshi Bharadwaj, JJ.
Susmita Saha Dutta And Others - Appellant
Versus
The Union Of India And Others - Respondent
WPA(P) 142 of 2021, CAN 1 of 2021, CAN 3 of 2021, CAN 5 of 2022, CAN 6 of 2022, CAN 7 of 2022, CAN 8 of 2022 and CAN 9 of 2022
Decided On : 21-06-2022
Mr. Surendra Kumar, Ms. Anamika Pandey, Ms. Sneha Singh, for the Appellant; Mr. Raja Saha, Mr. Debashish Ghosh, Mr. Nilotpal Chatterjee, Ms. Amrita Pandey, Mr. Arijit Mazumder, for the Respondent.
Proper examination and responses from concerned parties are essential in matters related to transfer of investigation and progress of cases.
Headnote:
CBI - Post Poll Violence Cases - -
Fact of the Case:
The court considered the status report on post poll violence cases and the request to transfer murder cases to the CBI. The SIT reported on the progress of cases received from the CBI, and various applications were filed seeking transfer of cases to the CBI.
Finding of the Court:
The court allowed time for responses from the CBI and the State, and directed the filing of replies to the applications within 10 days. It also permitted service of documents and directed the obtaining of instructions within specified timeframes.
Issues: Transfer of murder cases to CBI, progress of post poll violence cases, compensation and direction to SIT regarding victim complaints.
Ratio Decidendi: The court emphasized the need for proper examination of the transfer of investigation and responses from concerned parties. It also directed the obtaining of instructions and filing of replies within specified timeframes.
Final Decision: The court listed the matter for further hearing on 11th July, 2022.
ORDER
1. Learned ASG has also filed the 7th status report on post poll violence cases which is taken on record.
2. Learned ASG appearing for the CBI has drawn the attention of this Court to the order dated 19th May, 2022 and has submitted that the investigation in the murder case of Mathabhanga P.S. FIR 180 of 2021 and FIR 181 of 2021 is required to be handed over to the CBI in pursuance to the direction of this Court dated 20th April, 2022. He has submitted that on the previous date learned Advocate General had sought time to examine this issue and to do the needful, but till now these cases have not been transferred for investigation to the CBI and the papers have not been handed over.
3. Pressing the CAN 6 of 2022 he has submitted that the main murder case is being investigated by the CBI but there is a cross case registered being FIR 190 of 2021 dated 4th July, 2021 in P.S. Nodakhali, district South 24 Parganas. Therefore, though this cross case is not covered by the Full Bench judgment of this Court but is required to be investigated by the CBI otherwise it will result into multiplicity of findings and inconsistent findings which will complicate the matter.
4. Similarly, pressing CAN 7 of 2022 he has submitted that there are three cases i.e., FIR 94 of 2021 dated 04.05.2021 of Dhaniakhali P.S., district Hooghly, FIR 341 of 2021 dated 25.06.2021 of Dinhati P.S., Cooch Behar and FIR 118 of 2021 dated 11.06.2021 of Farakka P.S., district Murshidabad.
5. Learned ASG has also submitted that CBI is already investigating these cases and CAN 7 of 2022 has been filed only to intimate this Court about it.
6. Learned ASG has also submitted that the Magistrate has misinterpreted the order of this Court while passing the order dated 8th February, 2022 in GR No.463 of 2021 and the order dated 10th May, 2022 in Miscellaneous petition of 22 of 2022. These orders are filed along with the supplementary affidavit on behalf of the petitioner/CBI dated 21st June, 2022.
7. Learned counsel for the State submits that copies of CAN 6 of 2022 and CAN 7 of 2022 and the supplementary affidavit on behalf of the CBI have not been served.
8. Let the same be supplied to the counsel for the State during the course of the day.
9. Learned Advocate General is granted 10 days time to file response to the CAN 6 of 2022, CAN 7 of 2022 and supplementary affidavit of the CBI filed today.
10. The prayer for transfer of investigation of murder case in FIR 180 of 2021 and FIR 181 of 2021 has been opposed by the learned Advocate General by referring to certain factual background of those cases.
11. Hence, we permit the learned ASG for CBI and learned Advocate General to place on record their respective stands in respect of transfer of investigation of these cases in writing so that it can be properly examined.
12. The status report filed by the SIT is taken on record.
13. Learned counsel for the SIT referring to the report has pointed out that 50 cases were received by the SIT from the CBI out of which in 41 cases charge-sheets have been filed, two FRMF, one FRT, two NCR, one unnatural death and six cases are under investigation.
14. CAN 8 of 2022, CAN 9 of 2022, CAN 10 of 2022, CAN 11 of 2022 and CAN 12 of 2022 have been filed in WPA(P) 142 of 2021 with the prayer to transfer certain cases to the CBI.
15. Learned counsel for the applicants submits that she will serve copies of these applications to learned counsel for the State during the course of the day.
16. Let the reply to these applications be filed within 10 days.
In re : CPAN 667 of 2021
17. Learned counsel for the petitioner is permitted to serve the alleged contemnor and file affidavit of service.
18. He is also permitted to serve a copy of the supplementary affidavit along with annexures to the alleged contemnor.
In re : WPA (P) 145 of 2021 with CAN 3 of 2022 & CAN 4 of 2022
19. Learned counsel for the petitioner has filed CAN 3 of 2022 seeking compensation in terms of the direction of this Court in the Full Bench order. A c
