The court ruled that the lack of credible investigation necessitated transferring the case to an independent agency, recognizing a widow's right to justice for her husband's unlawful death.

Judgement :

Tirthankar Ghosh, J.

The present writ petition was preferred by the wife of the deceased praying for the following reliefs :

“(a) A writ of Mandamus or in the nature of Mandamus commanding the respondent authorities their servants, agents and/or assigns to show cause as to why:

i) the Central Bureau of Investigation or any other appropriate body should not directed to initiate an investigation into the Jangipara P.S. Case no. 25/10 dated 14/02/10 u/s 304 I.P.C. and upon completing the same submit the said report before this Hon'ble Court,

ii) Alternatively the respondent authorities should not be directed to make a proper and comprehensive investigation into the case, in terms of the direction of the Addl. Chief Judicial Magistrate, Serampore in his order dated 28/09/11 passed in G. R. Case No. 131 of 2010.

(b) A writ of Mandamus or in the nature of Mandamus commanding the respondent authorities their servants, agents and/or assigns to show cause why upon receiving the aforesaid report of the Central Bureau of Investigation the said respondent authorities should not be directed to take action on the basis of the same in accordance with law.

(c) A writ of and/or in the nature of Mandamus do issue commanding the respondents and each one of them, their men, agents and/or assigns to show cause why an order should not be passed directing awarding of commensurate compensation to the petitioner herein for the brutal slaying of her husband.

(d) A writ in the nature of Certiorari commanding the respondent authorities to transmit the entire records of the case and certify the same and on being so certified quash the same so that conscionable justice may be done.”

2. The allegations made in the FIR relating to Jangipara P.S. Case No. 25/2010 dated 14.02.2010 were to the effect that the informant along with others were standing outside the school premises where an election booth was erected. At around 2.00 P.M., the Officer-in-Charge, Tapasbroti Chakraborty along with 10-15 CPIM supporters entered the school and without any provocation started assaulting the supporters of Trinamool Congress. At that time, one of the supporters of Trinamool Congress was present when the Officer-in-Charge, Tapasbroti Chakraborty fired, as a result of which Rabin Ghose, a supporter of Trinamool Congress sustained bullet injury at his rib and fell down on the ground. Rabin Ghose died after receiving such bullet injury and the police present there removed his body. The informant alleges that it was at the provocation of Tapasbroti Chakraborty, the CPIM supporters entered and ransacked the school. The informant therefore prayed for registering a murder case against Tapasbroti Chakraborty.

3. The present writ petition was preferred in the year 2013. In the meantime, apart from the initial final report submitted, an exhaustive direction was passed by a Co-ordinate Bench of this Hon’ble Court in its order dated 24.12.2019, directing DIG, CID, West Bengal to investigate the case. The reasons which were recorded by the Co-ordinate Bench to direct the DIG, CID, West Bengal are as follows:

“(i) Petitioner who is the widow of the victim alleged to have been killed in false encounter has grievance against the impugned investigation report mainly on the ground of biasedness which has some substance for the reason that the accused who was the officer-in-charge was not transferred and allowed to remain in the same police station where FIR was lodged against him and initially investigation was made by his immediate superior officer and these allegations could not be denied and defende