JUDGMENT :

RAJASEKHAR MANTHA, J.

FACTS OF THE CASE

1. The writ petitioners seek a transfer of investigation into FIR No. 611 of 2018 dated 20th September, 2018, registered by the Islampur Police Station, to the CBI. The said FIR was registered in connection with an incident of firing and bombing at Darivit High School in the Islampur block of Uttar Dinajpur district in West Bengal.

2. On the 20th September, 2018, the students and parents of the said school began to protest against the appointment of two teachers in Sanskrit and Urdu in the school. A large number of posts in various core subjects like Bengali, Mathematics, History, and English, were lying vacant. The two teachers came to join the school on the date. A large number of students had gathered outside the gate of the school after locking it. They were preventing the new teachers and the staff of the school from leaving the place.

3. The gist of the FIR, registered by the Islampur P.S. is that the police received information at 2.05 pm about an agitation started by the students of the Darivit High School. A large number of curious bystanders and outsiders also assembled thereat. GD entry No. 875 was made by the police. Upon receiving information, Inspector-in-Charge (Rajen Chettri), Islampur P.S., along with a contingent of additional officers and police force, reached the school and found a large number of students and about 1000 other persons agitating against the appointment of the Urdu and Sanskrit teachers in the school. The students restrained the police from entering the school. Repeated appeals to the students were not heeded. It was reported to the police that at around 3.10 pm, one of the teachers confined in the school fell unconscious and required medical help.

4. The police requested the students to allow them to enter the school to arrange medical assistance for the teacher, but the students refused. The police force was suddenly attacked by an unruly mob with bricks, lathi, bombs, and firearms. Several police personnel are stated to have been injured. The police too fired tear gas and rubber bullets. Three persons, namely, Tapas Barman, Rajesh Sarkar, Biplab Sarkar, and one police officer received bullet injuries. Several police vehicles were damaged. Tapas Barman and Rajesh Sarkar succumbed to their injuries. Biplab Sarkar survived.

5. Asuo moto FIR No. 611 of 2018 dated 20th September, 2018 was registered by the Islampur Police Station under Sections 147/148/149/186/353/333/326/307/302 of IPC read with Sections 3/5 of Explosive Substance Act, Section 25/27 of the Arms Act (as indicated in the status report of CID, West Bengal dated 08.11.2022) and Section 9 of The West Bengal Maintenance of Public Order (WBMPO) Act, 1972 against 14 persons and 1500 other unnamed persons. The CID, West Bengal, took over the investigation on 25th September, 2018 from the Islampur P.S. Investigation continued over 4 years thereafter by eight successive investigating officers of the CID. Charge sheet no. 860 of 2022 dated 7th November, 2022 was finally submitted. Leave was reserved to file a supplementary charge sheet. The original FIR was registered by the I.C. himself.

6. On the victim’s side, on the 21st of September, 2018, Nilkamal Sarkar, father of Rajesh Sarkar, filed a complaint without naming any persons asking the police to investigate. Rajesh Sarkar was playing football at a nearby field at the time he received information about the agitation in the school. He reached the spot as he was concerned about his sister who was a student present inside the school.

7. However, Sumit Kumar, S.P. Uttar Dinajpur; Rajen Chettri, I.C. Islampur; Golam Rabbani, MLA Islampur constituency, and one Kanailal Agarwal, Chairman Islampur Municipality, were named as responsible for the incident in a further complaint dated 23rd September, 2018 by the said Nilkamal Sarkar. The Islampur Police Station refused to register the complaint. Thereafter Nilkamal Sarkar sent complaints to the Chief Sec