Calcutta High Court Directs Change Of Prosecutor In 2021 Murder Case After Alleged Inaction, Says Accused Cannot Be Held Indefinitely

The Calcutta High Court has observed that an accused cannot be kept in custody for an indefinite period and pulled up the State machinery over lack of progress in a 2021 murder trial where the accused has remained behind bars for over four years and two months, with only one witness partly examined out of 39 prosecution witnesses.Justice Tirthankar Ghosh, while hearing a bail application filed by Saidul Sk @ Chottu @ Saidul Sekh in connection with Kolkata Leather Complex P.S. Case No. 109 of 2021 (under Sections 302/201/34 IPC), noted serious concerns regarding the conduct of the trial and the role of the public prosecutor.The Court recorded the submission of the petitioner's counsel that despite prolonged incarceration, the trial had barely commenced. Importantly, the Investigating Officer's report itself expressed dissatisfaction with the public prosecutor handling the matter.Echoing this concern, the counsel appearing for the defacto complainant also informed the Court that the public prosecutor was not interested in progressing the trial.Taking note of these submissions, Justice Ghosh observed that such a state of affairs could not be allowed to continue, particularly when it directly impacts the personal liberty of the accused.In a significant direction, the Court ordered the Legal Remembrancer/Judicial Secretary, Government of West Bengal to take immediate steps to replace the existing public prosecutor and engage a responsible public prosecutor to conduct the trial.“It would not be out of place to state that for indefinite period, an accused cannot be kept in custody,” the Court remarked, while directing the State to submit a compliance report immediately regarding the replacement of the public prosecutor.The bail application has been directed to be listed under the heading 'To Be Mentioned' on January 20, 2026, by which date the State is required to place its report on record. The Court also directed that the order be communicated to the offices of the Legal Remembrancer and Judicial Secretary without delay.Click here to read order

Calcutta High Court Directs Change Of Prosecutor In 2021 Murder Case After Alleged Inaction, Says Accused Cannot Be Held Indefinitely

Srinjoy Das

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