BREAKING: Birbhum Massacre| Calcutta HC Reserves Order, Takes On Record Case Diary

The Calcutta High Court on Thursday reserved order in the suo motu petition initiated pertaining to the incident of Rampurhat violence in Birbhum district. The Court had earlier taken suo moto cognisance of the incident. On the last date of hearing, the Court had declined the prayer for a CBI probe by observing that an opportunity should first be granted to the State investigating authorities to produce the case diary and other relevant documents before the Court by 2pm on March 24.The murder of a deputy pradhan in Bogtui village in West Bengal's Birbhum district on Monday evening led to at least eight houses in the area being attacked and set on fire, resulting in eight deaths, including that of women and children. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj on Thursday reserved order pursuant to the extensive submissions of the concerned parties. "We will consider and pass order", the Chief Justice orally remarked. The Court also took on record the case diary submitted by the State investigating authorities pertaining to the ongoing investigation. Pursuant to the perusal of the case diary, the Chief Justice orally remarked, "This Case Diary we are returning to you, if we need it we will call for it", the Chief Justice said addressing the Advocate General. During the hearing, at once instance the Chief Justice enquired while addressing the Advocate General, "Mr Mukherjee are they educated, literate people? We find one dying declaration in English"In response, the Advocate General informed the Court that the concerned person has not died and is recuperating so it is just a statement and not a dying declaration. The Court was further apprised that the concerned statement had been recorded in the presence of a doctor. Submissions on behalf of the petitioners CCTV cameras not installed, CM's visit intended to suppress material facts The counsels for the petitioners submitted that despite prior directions of the Court, no CCTV cameras have been installed by the State government in the scene of the crime. Furthermore, it was highlighted that Chief Minister Mamata Banerjee on Thursday has announced a compensation package for the victims which is purported to be an 'act of impersonation of victims' to suppress material facts.Probe by the CBI or any other impartial investigating agency required It was further contended that the Court must transfer the ongoing investigation to the CBI for the purpose of conducting an impartial investigation. Reliance was placed on the Calcutta High Court judgment in Association for Protection of Democratic Rights v. State of West Bengal wherein the Court had ordered for a CBI probe during the Nandigram violence back in 2007. Reference was also made to the Supreme Court judgment in Rubabbuddin Sheikh v. State of Gujarat to contend that investigation should be handed to the CBI or any other independent investigating agency not only to unearth the truth but also to install confidence in the victims. The petitioners also alleged that the police authorities had refused to record any statement of the victims under Section 161 or Section 164 of the CrPC. Alleged involvement of SIT member Gyanbant Singh in crimes It was also averred that additional director general of police (CID), Gyanbant Singh who is heading the State constituted SIT, had been served notice by the Enforcement Directorate (ED) in 2021 regarding a coal smuggling case. It was further alleged that Singh has been repeatedly made a part of State constituted SITs in order to influence ongoing investigations, reference was made to the SIT constituted to investigate the alleged murder of student leader Anis Khan. Victims not being given proper medical treatment The Court was also informed that the victims who have been hospitalised are not being given proper treatment. At this point, the Chief Justice enquired, "How many such persons are in the hospital?". In response, it was submitted that as per media reports, 4 persons are currently in the hospital. Prime suspect-TMC Bloc President not yet arrested The Court was also apprised that the prime suspect in the crime- a TMC Bloc president has not yet been arrested by the police authorities. In this regard, reliance was placed on the Calcutta High Court judgment in Bar Association v. Unknown wherein the High Court had transferred investigation to the CBI after noting that the local committee of the then ruling C.P.I.(M) Party was involved in the incident.Particulars to be ascertained from the case diary The petitioners further submitted before the Court that it should be ascertained from the case diary whether the fire brigade first reached the place of occurrence or the police authorities. "The first allegation was of a massive coverup. If the distance was close, then police should have suo moto taken it up", the counsel for the petitioners remarked. It was further averred that it must also be ascertained whether the SIT had given any...

BREAKING: Birbhum Massacre| Calcutta HC Reserves Order, Takes On Record Case Diary

Aaratrika Bhaumik

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