'Reduced Investigation To A Mockery': Calcutta HC Orders CBI Probe Into Haldia Dock Extortion Case, Rejects State's Plea For SIT Probe

The Calcutta High Court on Monday ordered the Central Bureau of Investigation (CBI) to probe into alleged extortion of truckers at Haldia Port and observed that "syndicates" have a stranglehold on most businesses and commerce in the state.The Court thus stayed the ongoing investigation by the State police and furthermore rejected the State's plea to allow a Special Investigation Team (SIT) to be entrusted with the investigation.Justice Rajasekhar Mantha observed, "The investigation is being carried out in a perfunctory manner. The faith of the public at large in such investigation could be eroded. There is therefore strong and prima facie case made out for transfer of the case from the State to the CBI."The Court directed the CBI to collect all the case material including case diary and all evidence from the Haldia Police and commence investigation. However, the Court ordered that final report shall not be filed by the CBI without the leave of this Court.Reliance was also placed on the Supreme Court decisions in State of West Bengal v. Committee for the protection of Democratic Rights, Mithilesh Kumar Singh v. State of Rajasthan and Pooja Pal v. Union of India to contend that the Court is of the prima facie view that the investigation needs to be transferred from the Haldia Police to the CBI. The Court also rejected the government pleader's request for an SIT probe by observing, "The Government Pleader, Mr. Ray, has prayed that instead of CBI, a Special Investigation Team (SIT) may be entrusted with the investigation. This cannot be acceded to because the Haldia Port attracts traffic from many countries and has a huge hinterland comprising in many states in eastern India."Pertinently, the Court opined that 'syndicates' dominate most businesses in the State and accordingly remarked, "Syndicates" have a stranglehold on most businesses and commerce in the State, be it in the trade of Construction material or as in the instant case the loading and unloading of cargo, moving in and out of the Haldia Port." Background On July 12, 2021, an extortion case was registered at Haldia police station in which a person named Shyamal Adak was named the principal accused and the writ petitioner Rajib Paul was named as the co-accused.The complainant Sk. Mobarak Ali had alleged that sometime in the year 2018, Shyamal Adak used to collect by extortion a sum of Rs. 100 per truck to allow loading of coal at the Haldia Dock Complex. The payment was received and recorded in a slip issued by Adak and his associates inside the trade union office of the dock complex. On one such instance, the petitioner had failed and refused to make payment, following which he was not allowed to load his truck with coal. Thereafter, the petitioner was allowed to load his truck only after paying the sum of Rs. 100. Due the pressure and intimidation by Shyamal Adak and his associates, the consignees stopped hiring the complainant which crippled his transport business.Subsequently, the F.I.R. was registered at 10.35 pm about 2 and half years after the incident. The date of occurrence was not mentioned in the FIR. Thereafter, the petitioner had applied for bail the Magistrate and the same was allowed on the July 19, 2021. Thereafter, on July 28, 2021 the Investigation Officer (IO) applied for cancellation of bail stating that the petitioner was threatening witnesses. Accordingly, the petitioner's bail was cancelled on July 28, 2021 by the concerned magistrate. The order of cancellation of bail was challenged before the Sessions Court who initially passed an order of stay. The Sessions Court also expressed deep dissatisfaction at the manner in which the IO has conducted the investigation. However, later the order of stay was vacated and the order of the concerned Magistrate dated July 28, 2021 was confirmed.In the meantime, the principal accused Shyamal Adak, filed a writ petition before this Court challenging the said proceedings and seeking transfer of the said proceedings. By orders dated September 14, 2021 and November 25, 2021, Shyamal Adak was granted protection of this Court against any coercive action. The interim order was challenged by the State before the Supreme Court and by an order dated January 10, 2022, the Supreme Court dismissed the SLP of the State and remanded the matter back to this CourtSubsequently, on February 20, 22 a Coordinate Bench of this Court expressed displeasure about the manner in which the concerned Magistrate had granted bail in the first place on July 19, 2021. The Coordinate bench accordingly refused to extend the interim order of stay and released the matter to be heard with the instant writ petition. ObservationsAt the outset, the Court came down heavily on the State police for the inordinate delay in lodging the FIR. Opining that such delay throws up serious questions regarding the motives behind the investigation, the Court underscored, "As already noticed by the Sessions judge and the Coordinate benches, ...

'Reduced Investigation To A Mockery': Calcutta HC Orders CBI Probe Into Haldia Dock Extortion Case, Rejects State's Plea For SIT Probe

Aaratrika Bhaumik

Tags