Calcutta High Court ordered action against Cops for Custodial Torture of co-accused; Probe Transferred Against IPS Officer In Corruption Case To CID

The Calcutta High Court recently transferred the probe in a corruption case against IPS Officer Somenath Bhattacharyya from Barrackpore Commissionerate to the CID. Court also ordered action against two senior officers of the Detective department for the alleged custodial torture of a co-accused.

The Single Judge bench of Justice Rajasekhar Mantha granted bail to the co-accused Kaustav Das after the State admitted that he may have been tortured in course of police custody.

"The CID, West Bengal shall consider registering FIR against the respondent nos. 4 and 5 and the Medical Officer of Jagadish Chandra Bose General Hospital who signed the fitness certificate of Kaustav Das on March 21, 2023,” the court said.

Background of the Case

A petition was filed against Bhattacharyya in 2021. Last month, detective department officials apprehended Kaustav, the co-accused. Priyanka, the wife of Kaustav, filed a petition with the court alleging that her spouse was tortured while in custody. While the hospital's fitness certificate stated that there were no external injuries on his body and that he is clinically fit, the ACJM observed numerous bruises on his body. Therefore, the magistrate denied police custody and remanded Kaustav in judicial custody.

Counsel for the petitioner argued before the high court that custodial violence against her husband was in violation of the guidelines in Shri Dilip K. Basu vs. State of West Bengal & Ors. It was also argued that the investigation itself has been compromised and the petitioner's husband is entitled to be immediately released on bail.

In the petition, it was also claimed that the investigating officer chose not to arrest Bhattacharyya and that he took advantage of this by surrendering to the magistrate in February and securing bail.

The court was surprised to note that the main accused Bhattacharyya was not been arrested despite the seizure of incriminating material including a large number of documents relating to a promise of securing jobs at the Kolkata Municipal Corporation.

The state said the principal accused has wholly and completely co-operated with the investigation.

"Additional sections of the IPC and the Prevention of Corruption Act have also been added and a fair investigation is being undertaken. The need for arrest and detention of the ACP in custody was not felt," the counsel representing the state said.

On the question of transfer of investigation from the police under the Barrackpore Commissionerate, the State counsel argued that "given the sincerity of the present Investigating Officer and the dispassionate investigation is undertaken, the investigation need not be transferred."

Noting that it is aware of the prevalent legal principle that an accused person cannot order the transfer of an investigation to another agency, the court identified the principal accused as an IPS Officer with the rank of Assistant Commissioner of Police.

The court said, "The faith of the public at large and visible transparency of the investigation must be borne in mind. The investigation must not only be done fairly and comprehensively but must also be seen so done. The Barrackpore police should not be seen investigating into the impropriety of one of their own senior officers.”

The court further directed the Barrackpore Police Commssionerate to transfer all case papers, evidence and the case diary to the CID, West Bengal immediately and to extend full and complete cooperation to the CID.

While passing the order for granting bail the court said, “This Court’s mind is also not free from doubt that the evidence against Kaustav Das or any statements made by him would be questionable in the backdrop of the physical torture inflicted upon him in custody”.

The court also said the CID, West Bengal shall consider and assess the threat perception to the petitioner as expressed by the counsel and take appropriate steps in this regard.

The court directed the CID, West Bengal to conclude the investigation as expeditiously as possible, preferably within a period of two months from the date of receipt of the case diary.

“It is expected that a sufficiently senior and experienced officer is nominated by the CID, West Bengal to conduct the investigation,” said the court.

Case Title: Priyanka Das vs. State of West Bengal