The Calcutta High Court Bench comprising of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj on Monday maintained a Single Judge bench's order for a CBI investigation into the killing of Tapan Kandu, a former Congress councilor from Jhalda Municipality in Purulia, who was allegedly shot by miscreants on March 13.
Background:-
Tapan was shot and killed by motorcycle-riding assailants while out on a walk near his home. With the support of the crime investigation department, a Special Investigation Team (SIT) was formed to investigate the murder of Tapan Kandu (CID). The CBI's lawyer has stated that the CBI has already taken over the investigation and that significant progress has been made.
Order of the Court:-
The Bench went on to say that the Single Judge had taken into account the factual and legal circumstances when making the assailed ruling, and that this was emphasised by the Court, "We are of the opinion that the circumstances which are noted by the learned Single Judge in respect of the lapses on the part of the investigating agency, the nature and circumstances of the case and the legal position which has been taken note of, fully justify the direction which has been issued in the impugned order."
It was also highlighted that the Single Judge had requested two reports from the Superintendent of Police in relation to the investigation, as well as reading the case diary, before ordering a CBI investigation. The Court also took into account the Single Judge's decision that there is a need to restore public confidence in investigations involving major crimes, especially given the gravity and political character of the crime, and thus turned the investigation over to the CBI.
Justice Rajasekhar Mantha was hearing a petition filed by the widow of a deceased Councillor, who requested a CBI investigation because the State investigative agencies had made no progress in the case.
The Court had pointed out various aspects of the inquiry that were troubling after reviewing the case diary and a supplementary status report filed by the appropriate police authorities.
The accused Kolebar Singh was reportedly detained in Jharkhand and afterwards remanded in custody by the relevant court in Purulia, West Bengal, according to the Court. According to the Court, a transit remand to this effect was deleted from the case diary. It was also noted that images of the incident location were taken two days after the date of the incident, presumably following the participation of the West Bengal CID.
The Court expressed grave worry that the Inspector-In-Charge of the Jhalda Police Station, Sanjib Ghosh, who is suspected of facilitating the crime, had not yet been apprehended. The Court had said that the fact that Ghosh's phone had not yet been seized was "surprising" and that critical data could have been lost by now.
Justice Mantha also objected to S. Selvamurugan, the Purulia district police superintendent, holding a press conference in which he gave Ghosh a clean chit by claiming that the murder was the result of a family feud. The Court had stated, "This has been done while the investigation is still ongoing and the final report has yet to be submitted."
The court also took note of the fact that S. Selvamurugan, the Purulia district police superintendent, had been summoned by the Enforcement Directorate in connection with the coal scam investigation. As a result, the CBI has taken up the probe into the death of a former Congress councillor from Jhalda Municipality in Purulia.
Case details:-
Case title:- State of West Bengal v. Purnima Kandu
Bench:- Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj
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