Calcutta HC Directs Fresh Probe Into Custodial Death Of Four Undertrial Prisoners, Orders Action Against Non-Use Of CCTV In Police Stations

The Calcutta High Court on Thursday scrapped a final report by the West Bengal CID into the death of four undertrial prisoners at the Baruipur Correctional Home. The CID in its report had submitted that the prisoners had died due to their drug use and that there was no evidence of custodial torture.In going through the post-mortem report, a division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya noticed that the pattern of injuries on all four of the deceased was similar and that their death could not have been caused due to drug use.The court thus scrapped the CID's report and directed that a fresh probe be conducted by a team of officers nominated by the ADG CID, above the rank of inspector, in a 'meticulous and dispassionate' manner. The court however turned down a plea for transferring the probe to the CBI. It said:"We are of the prima facie view upon going though the details in the post-mortem report of the prisoners...which clearly shows external injuries. Thus we are unable to accept that the cause of death was on account of them being addicted to drugs. Therefore the investigation has to be done by a senior officer...we are not satisfied by the report of the CID Inspector and we scrap the said report.""We are not inclined to transfer the matter to a central agency since it can be inquired by a higher officer of the CID. Therefore we direct the ADG CID to nominate an officer higher in rank than inspector to cause a fresh investigation and proceed to take action. The state has paid compensation of 5 lakhs each. The investigation officer should not be persuaded or swayed by statements made earlier. The investigation shall be completed within 8 weeks," the Court added.On the issue of CCTV cameras in police stations, the court noted that although a direction had been issued to that effect in an earlier hearing, there was no report from the state on the implementation of the same.The court thus stated that it was on the DG of police to ensure the implementation of these directions, review periodic reports on police stations using CCTV cameras and that in case the same was not being followed, disciplinary action be initiated.Case: ASSOCITATION FOR PROTECTION OF DEMOCRATIC RIGHTS(APDR) AND ANR VS STATE OF WEST BENGAL AND ORSCase No: WPA(P)/594/2022

Calcutta HC Directs Fresh Probe Into Custodial Death Of Four Undertrial Prisoners, Orders Action Against Non-Use Of CCTV In Police Stations

Srinjoy Das

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