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Synopsis

The Calcutta High Court on Monday constituted a Special Investigation Team (SIT) to probe into the alleged suicide of Lalan Sheikh, the prime accused in the arson and violence that took place in West Bengal’s Bogtui village, in CBI custody. The court said that the SIT will not report to the State and will file regular reports before the jurisdictional Court/Magistrate.

The single judge bench of Justice Jay Sengupta rejected the CBI’s prayer to quash the proceedings drawn against its officials. Court transferred the investigation to the SIT headed by Dr Pranav Kumar, an IPS Officer.

The judge made it clear that the court would monitor the investigation of the SIT and that prior approval of the court would be needed before any action on the basis of its investigation is taken.

The judge said, “A custodial death is one of the most condemnable events in the annals administration of criminal justice. No less heinous would be an attempt to frame an innocent. The Court also has sympathy for the de facto complainant for she has lost her husband. Therefore, it is the bounden duty of this Court to ensure that a fair and effective investigation is carried out, truth prevails and justice is done to all concerned.”

The court also stated that the officers who are at present engaged in conducting a probe into the case would not be allowed to become members of the SIT.

BACKGROUND:

Violence had broken out in the Bogtui village of Birbhum after the alleged murder of Bhadu Sheikh, a panchayat leader of the governing Trinamool Congress. On March 21, 2022, he died as a result of bombs allegedly hurled by miscreants.

Several houses, including two belonging to the men accused of Sheikh's murder, were allegedly assaulted and set on fire hours later, resulting in the deaths of ten people, including women and children.

A Special Investigation Team (SIT) led by the additional director general of police (CID), Gyanwant Singh, was established by the State government in response to the violence. On March 25, 2022, the investigation was subsequently transferred to the CBI per the directives of the Calcutta High Court.

During the course of the investigation, the CBI arrested 16 of the accused and submitted a charge sheet and a supplementary charge sheet against 26 individuals in total. Lalan Sheikh, who had previously evaded capture, was apprehended on December 4, 2022, after further investigation.

Sheikh allegedly committed suicide on December 12, 2022, while in CBI custody, following a visit to the Bogtui village where his residence was located. On the basis of a complaint by Sheikh's wife, an FIR was registered under Sections 448, 323, 325, 302, 385, 386, 509, 427, and 120(B) against CBI officials.

The CBI filed an application under Article 226 of the Constitution of India, requesting that the investigation into Sheikh's alleged suicide be transferred from the State CID to the CBI or any other independent agency.

OBSERVATIONS OF THE COURT:

The court stated that the West Bengal government took advantage of the death to discredit the CBI; settle disputes with the agency; exert pressure on its officers; and prevent them from performing their duties.

“The family members of the complainant including the complainant and some police officers in the area were suspected to be part of the commission of offences in the Bogtui Massacre Case. Complaints in this regard of pressure and threat to life were also being received by the petitioner from the villagers. The respondent no. 2 using the CID Cover, was threatening many witnesses of the case for falsely deposing against the CBI Officers, else they would be falsely implicated in cases of the CID,” the court said.

The court noted certain infractions in the investigation by the State Police:

1. Non-examination of the doctor/s purportedly giving fit certificate to the victim immediately before the incident.
2. Non-examination of witnesses from the organization hosting the CBI camp, except for a formal purpose.
3. Failure to suo motu seize the records of the Hospital showing alleged discrepancy regarding the de facto complainant’s admission immediately after the point was raised by the petitioner.
4. Failure to explore the reason behind linking the CBI officer of the other case or the DIG, especially given the fact that the Investigating Agency has not reportedly found it necessary even to issue notice to them.
5. Failure to provide any clue about the motive behind the alleged crime.
6. Sitting tight over the arguably flawed ‘opinion’ in the Post-Mortem Report by the earlier investigator and subsequently, simply accepting a similar report of the first medical Board. Such opinion goes to the root of the matter and may have a determining effect on the whole outcome of the investigation.

Court said that regardless of the "CBI’s strong conviction" about their innocence, it was quite strange that the agency had chosen to be a co-applicant in an application for quashing of proceeding along with some co-accused officers.

“So, it would also not seem proper to involve them in the further investigation of the instant case at least at this stage. After all, justice should not only be done but should be shown to have been done,” it said. Court constituted the Special Investigation Team (SIT) to probe into the matter and issued the relevant directions as well.

Case Title: Central Bureau of Investigation vs. The State of West Bengal & Ors.