Title : Central Bureau of Investigation v. The State Of West Bengal Another
Decided on October 09, 2023.
Diary No. 35059/2023.
CORUM: HON’BLE JUSTICE SANJIVE KHANNA and HON’BLE JUSTICE S.V.N. BHATI.
Introduction
A divisional bench of Hon’ble Apex court issued notice to the parties and seeks the answer to an appeal filed by the CBI against the Order of the Calcutta High Court in the alleged case of suicide of prime accused Lalan Sheikh, in Bogtui Carnage case, transferring the investigation to the Special Investigation Team (SIT) headed by Dr. Pranav Kumar, from the CBI.
Facts of the case
On the day of 21 March, 2022 a violence erupted in the village of Birhum’s Bogtui following the alleged murder of of Bhadu Sheikh, a panchayat leader of the Trinamool Congress. During this violence two belongings of the men accused of sheikh’s murder, were allegedly attacked and set on fire in which ten more deaths occurred including that of women and children. Taking cognizance of violence, the state government had formed SIT however subsequently, the investigation was handed over to the CBI on the day of March 25, 2022. During the course of investigation CBI arrested 16 accused persons and filed supplementary charge sheet against 26 in all. Sheikh allegedly committed suicide on the day of December 12, 2022, under the custody of CBI. An FIR under Sections 448,323,325,302,385,386,509,427,120(B) was registered against of the officers of CBI on the complaint of the wife of Sheikh.
Courts’ analysis
THE High Court observed that in order reach the end of justice and win the trust of all its important to fresh start the investigation of this case. It further recorded:
The death having taken place in the custody of the CBI cannot be the only reason not to transfer the investigation to them as so many such deaths in the custody of State Police are investigated by them. But, this is also not the case where investigation officers from other states have to be involved. The Hon’ble High Court directed a court monitored investigation by SIT constituted by police officer of the state and ordered not to report to the state and was directed to file the report directly to the jurisdictional court or Magistrate.
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Written by: Aamir Hussain.
