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Synopsis

The Calcutta High Court on Wednesday directed the CID West Bengal to transfer the matter of Darivit High School Firing in the Islampur block of Uttar Dinajpur district in West Bengal to the National Investigation Agency (NIA).

The Single Judge Bench of Justice Rajasekhar Mantha noted that the petitioners had prayed to transfer the matter to CBI, but NIA would be the proper authority.

“The police mentioned in the chargesheet about the mobs attacking with bombs during the agitation, the first and foremost action from their end would have been to inform the Central Government, Ministry of Home Affairs about the same, so that the matter could be considered or be sent to the National Investigation Agency (NIA),” the court held.

Justice Mantha was dealing with a writ petition in which the petitioners sought transfer of investigation of Darivit high school firing to CBI.

On September 20, 2018, the students and parents of Darivit High School began to protest against the appointment of two teachers in Sanskrit and Urdu in the school.

It was stated in the FIR that at around 2:05 pm the same day, police officers received information about an agitation started by the students of the Darivit High School. The police restrained students from entering the school however, there were about 1000 other persons who were also agitating against the appointment of the Urdu and Sanskrit teachers in the school.

Further, it was mentioned in the FIR that the police force was suddenly attacked by a mob with bricks, lathi, bombs, and firearms and several were injured. The police too fired tear gas and rubber bullets in which three persons, namely, Tapas Barman, Rajesh Sarkar, Biplab Sarkar, and one police officer received bullet injuries. Tapas and Rajesh died during this.

Thereafter, on September 20, 2018, Islampur Police Station registered a suo moto FIR 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, Section 9 of The West Bengal Maintenance of Public Order (WBMPO) Act, 1972 against 14 persons and 1500 other unnamed persons.

On September 25, 2018, CID West Bengal took over the matter and continued it probe for over 4 years.

Subsequently, on October 4, 2018, a total of three writ petitions were filed.

Pertaining to the said incident, National Human Rights Commission (NHRC) also received complaints and West Bengal Human Rights Commission (SHRC) also took cognizance of the incident on September 25, 2018, after it was reported in a local vernacular newspaper called ‘Ei Samay’.

Advocate Partha Ghosh, counsel for petitioners submitted several exceptions to the investigation and report of the CID, West Bengal. He stated that CID had not considered the recommendations of the NHRC and CID had failed to identify the actual wrongdoers.

Further, he alleged that the cartridges of the bullets fired at the incident had not been analysed by the CID even though they were available and collected by the Islampur police. He also submitted that the post-mortem of the victims was done without the family members being present there and the second post-mortem was never conducted despite requests.

Advocate Subir Sanyal appearing for the NHRC submitted that the investigation by the CID, West Bengal, was perfunctory. He claimed that the investigation by the CBI is necessary and warranted in the facts of the case. 

Advocate Subhabrata Datta who was representing the state, placed reliance upon the report of the CID West Bengal and submitted that CID, West Bengal took over the investigation given the gravity of the incident and had conducted a fair and comprehensive investigation.

He further argued that the report of the NHRC should not be given any credence and must be ignored in its totality by the high court.

The court after hearing all the arguments stated that from September 21, 2018 till date, the SHRC had been guilty of complete inaction.

They have neither sent a team for spot enquiry nor have they chosen to enquire into the matter despite specific powers conferred on them. They have only sought reports from the DM, the DG, the CID, the SDO, and the SP for nearly 5 years, court observed. 

“The power of this Court under Article 226 is wide enough to accept the report of the NHRC as a preliminary inquiry finding,” the court added.

The court relied on several judgments and said that the investigation of CID, West Bengal was inadequate and perfunctory.

Accordingly, the court transferred the matter to NIA.

Further, the court directed the state to pay compensation to the families of the victims both killed and injured in the incident within a period of two months from the date.

Case Title: Nilkamal Sarkar v. State of West Bengal & Ors. and other related petitions