Read Time: 04 minutes

Synopsis

The Calcutta High Court recently ordered a magisterial enquiry into the death of one Mrityunjoy Barman who died during police firing in Kaliyaganj on April 28, 2023. Allegedly, Barman was shot dead by ASI Moajjem Hussain during the firing.

The single judge bench of Justice Rajasekhar Mantha was dealing with a writ petition.

The writ petitioner was aggrieved with the investigation into Kaliyaganj police station Case no. 166 of 2023 under Section 302 of the IPC lodged on April 28, 2023.

Mrityunjoy Barman was shot dead when police arrived to conduct a search in the Chandgao village under the Radhikapur Gramme Panchayat. The police performed an inquest and a post-mortem examination. The Police party's raid was in retaliation not in aid of an investigation into an agitation by the Rajbanshi Community, the petitioners alleged. 

The petitioner requested a second port-mortem of Barman's body as well as transferring of the case to the C.B.I.

The ASI stated that he saw the mob approaching to lynch and therefore he had fired from his weapon only to distribute the mob. Due to the firing, Mrityunjoy Barman was shot, claimed the ASI.

Senior Advocate Sen, appearing for the State submitted that on the basis of the gravity and sensitivity of the incident, an investigation had already been taken over by the C.I.D., West Bengal.

The court noted,” We are inclined to accept the submissions of the learned counsel for the petitioner that a Magisterial enquiry may have been warranted in terms of the dicta of the Supreme Court in the case of People’s Union for Civil Liberties and another Vs. State of Maharashtra and others 2015.”

Accordingly, the court directed a magisterial enquiry to be conducted which shall run parallel to the investigation by the C.I.D., West Bengal.

The court listed the matter on May 12, 2023 for further consideration.

Case Title: Mrinal Kanti Barman vs. State of West Bengal