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A Division Bench of Calcutta High Court headed by Chief Justice Prakash Shrivastava has upheld the order of a single judge referring the investigation into the murder of a Congress Councillor to the Central Bureau of Investigation (CBI).

The case pertained to the murder of a Congress Councillor namely Tapan Kundu who was elected as Councillor of Jhalda Municipality in the recent Municipal Election. He was shot dead on March 13, 2022. His family approached the High Court by filing a writ petition making serious allegations about the biased and misdirected investigation. The petition also asked the court to transfer the investigation to an independent agency.

The family alleged that Tapan Kandu was elected as Councillor of Jhalda Municipality on the Indian National Congress symbol and since the day of declaration of election, the Inspector-incharge, Jhalda Police Station had resorted to various unfair means to resist the candidates from contesting against the ruling party (Trinamool Congress).

The inspector had filed numerous false case and frivolous criminal proceedings were also initiated against the contesting candidates of INC and other political parties, the family told.

It was also the allegation of the family that immediately after publication of results, Tapan Kandu was called by the inspector and was threatened and forced to change his allegiance from the INC and to switch over to TMC so that the TMC can form the Municipality Board. Kundu resisted this and was hence shot dead, the family claimed.

In the writ petition, allegations were made against the police authorities of Jhalda Police Station to pressurise the family and to influence the witnesses. There was a serious allegation that Tapan Kandu was murdered by the goons of the ruling party in connivance with the Inspector of the Police Station.

The Single judge had called for the report from the Superintendent of Police. Upon perusing the report and the case diary he had found it to be a fit case to direct the CBI to take over the investigation. Thereafter, the State Government of West Bengal filed an appeal against the order of the Single Judge.

The Advocate General of West Bengal submitted that the single judge committed an error in giving a finding at this stage about the motive of the murder. He argued that the Single Judge noted that the investigation is in progress, therefore, there was no justification to hand over the investigation to the CBI. He informed the court that it is a case of sibling rivalry and had the investigation continued with the State Agency, further evidence could have been collected in this regard.

The Division bench, on hearing the submissions, noted that the Supreme Court in the matter of R.S. Sodhi, Advocate vs. State of U.P.  has held that if the accusation is against the local police personnel, it will be desirable in the larger interest of justice to entrust the investigation to the CBI so as to assure the investigation credibility.

Court held that the Single Judge had noted the following points before transferring the investigation to CBI:

1. The main accused in the case are police officers and a Councillor of the ruling party, therefore, investigation and prosecution by the State Police would not send the proper message;
2. There is omission in the case diary about transit remand of the persons from the appropriate Court in Jharkhand;
3. Photography of the place of occurrence was done two days after the incident, i.e., on 15th of March, 2022.
4. The person, who is stated by the complainant to have facilitated the crime, i.e. the Inspector-in-Charge of Jhalda Police Station, Sanjib Ghosh, has not been taken into custody till now and was performing his official duties.
5. The two political parties, i.e., the INC and the ruling party had won five seats each in the Jhalda Municipal Elections and two other seats were won by independent candidates. The death of Tapan Kandu would have clearly tilted the balance of control of power of the Jhalda Municipal Board in favour of the ruling party.

The division bench held that "after noting the aforesaid circumstances, learned Single Judge has reached to the conclusion that there is need for instilling faith of the public at large in investigation." Court held that investigation involves serious crime and having regard to the gravity and political nature of the crime, Single Judge has directed to hand over the investigation to the CBI.

Court, therefore, concluded that the Single Judge considered factual and legal position while passing the order and the circumstances which are noted by the Single Judge in respect of the lapses on the part of the investigating agency, the nature and circumstances of the case and the legal position which has been taken note of, fully justify the direction transferring the investigation to CBI.

Case title: State of West Bengal Vs Purnima Kunda