Investigating Officer diluted offences: Calcutta High Court directs DIG, Special Crime Branch, CBI to probe custodial death case

Calcutta High Court has ordered a probe by e DIG, in charge of Special Crime Branch, Central Bureau of Investigation (CBI) into the custodial death of one Kazi Nasiruddin.

A CBI investigation into the matter was ordered by a Division Bench of the Court. However, on submission of charges, Justice Tirthankar Ghosh found that such charges have been diluted by the Investigating Officer.

The Court is hearing a matter where Kazi Nasiruddin died in police custody at Dhaniakhali police station in 2013. Pursuant to this the Division bench had ordered a CBI probe with the purpose and object of having a fair and impartial investigation and to "gain confidence of the public at large, so that police authorities if they exceed their authority within the campus of the police station they would be punished and penalised for the alleged offence which they have committed," the Court has noted in its order.

A report was submitted by the investigating officer before the trial court. However, Justice Ghosh found such report to be self-contradictory, stating:

"The aforesaid observations by the Investigating officer are self-contradictory and the sections under which prosecution has prayed for framing of charges, in a case of custodial death has primarily diluted the offences for which it should have been recommended by the Investigating Officer."

Thus, the Court ordered the matter to be sent to DIG, Special Crime Branch, CBI stating,

Under such circumstances, this court feels that the inherent powers of this Court should be exercised and an enquiry be conducted by the DIG, in charge of Special Crime Branch, CBI, New Delhi regarding the materials collected by the Investigating agency in this case, the opinion expressed by the Investigating Officer and the section for which the Investigating officer has prayed for prosecution.

Manuja Bibi Vs. Central Bureau of Investigation, SC-II, New Delhi & ors.