Pressure On WB Police To Shield Certain Persons: High Court Orders CBI To Probe TMC Leader Tapan Dutta's Murder

The Calcutta High Court on Thursday transferred to the Central Bureau of Investigation (CBI) the probe relating to murder of Trinamool Congress leader Tapan Dutta. The CID West Bengal which was probing the case was directed to immediately handover the investigation to the CBI. Dutta, then vice-president of Trinamool Congress' Bally Jagacha block unit in Howrah, was shot dead on May 6, 2011. The block unit was spearheading a movement to stop the filling up of 750-acre wetland, when Datta was killed.Thereafter, the State had had ordered a CID probe into the murder case. Subsequently, Pratima Dutta, the widow of the deceased TMC leader had moved the High Court seeking a CBI enquiry into the case alleging that Minister for Food Processing, Arup Roy, who also belongs to the Trinamool Congress, was involved in the conspiracy of her husband's killing and was an accused in the case.The question in consideration before Justice Rajasekhar Mantha was whether the High Court, under Article 226 of the Constitution can transfer the investigation from the State Police to the CBI and also order for the change of the prosecutor; after a Division Bench of the High Court, while considering an appeal from an order of acquittal, orders retrial, after applying Section 311 of the Cr.PC.Pursuant to the rival submissions, the Court opined that the pressure on the State police to shield certain persons and their nefarious actions cannot be ruled out and accordingly observed, "This Court's mind is not free from doubt that the murder in question might have been the result of a rivalry and a conspiracy. The victim may have been obstructing huge monetary and/or political gain that some persons were after. Such persons are politically powerful and well connected. A fair and effective investigation may indeed open a can of worms, or expose any likely role of influential persons. The pressure on the State police and the investigation agencies to shield certain persons and their nefarious actions cannot therefore be ruled out. Change of the investigating and prosecuting agency in the instant case is also necessary to instil faith in the family of the victim and the public at large."Ordering for a CBI probe, the Court directed, "This Court directs that, investigation and prosecution in the matter is to be transferred to the Central Bureau of Investigation forthwith. The CBI may, in its discretion, conduct further investigation, as it deems necessary. "The Court underscored that a comprehensive, honest, sincere and fair investigation, is imperative and indispensable for an effective and fair prosecution, as well as trial. It was further observed that the right of an accused to a fair trial, has been guaranteed under Article 21 of the Constitution and that an integral part of the right to a fair trial, is a fair investigation, since the absence of the latter contaminates any possibility of the former." A proper and effective investigation is a sine quo non to a fair trial. It is necessary for arriving at the truth, which is the fundamental object and purpose of the Criminal Justice delivery system. Neither should any innocent person be punished, nor should any of the real culprits escape the long arm of the law", the Court opined. Justice Mantha further averred that as recorded by the concerned trial judge as well as by the Division Bench of this Court, it is quite clear that investigation in the instant case by the CID, West Bengal, has been perfunctory. Opining that there is an immediate need to instil public faith in the investigation and trial, the Court remarked, "The petitioner's contentions and apprehensions have thus been vindicated. The State agencies have clearly failed to effectively investigate the crime and bring the actual culprits to book. There is thus, an urgent and immediate need to instil public faith in the investigation and trial, which provides sufficient impetus for the change in the investigation agency."It was further opined that the independence of both the investigation and the prosecution from the executive control of the State, and of the Prosecution from the investigating agency becomes all the more crucial and necessary in crimes involving 'influential persons', like public figures, members of political parties, and persons related to them. The Court noted that such public figures enjoy huge control and clout that could influence the investigation and prosecution, and consequently the direction of the case.Reliance in this regard was also placed on the 239th Report of the Law Commission of India which was submitted to the Supreme Court in the case of Virender Kumar Ohri v. Union of India. Accordingly, the Court held that in the instant case the laxity exhibited by the Prosecutor in placing evidence before the Court and adequately questioning witnesses show that the Prosecutor has failed in adequately discharging his duties. Opining that a change in the prosecuting agency is imperative, the Court remarked further,...

Pressure On WB Police To Shield Certain Persons: High Court Orders CBI To Probe TMC Leader Tapan Dutta's Murder

Aaratrika Bhaumik

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