The Calcutta High Court recently comprising of a bench of Justice Apurba Sinha Ray and Justice Joymalya Bagchi directed the West Bengal director general of police and Kolkata Police commissioner to form a Special Investigation Team (SIT) to inquire the communal violence that took place in the city. (Nabendu Kumar Bandyopadhyay v. State of West Bengal and Others)
The Bench also directed police to preserve and analyse the electronic evidences, including video footages of the incident. The bench further directed to take necessary measures for prevention of similar offences and spread of communal hatred in the area.
Facts of the case
A communal conflagration in the city of Kolkata has prompted the filing of the two petitions seeking various reliefs.
Petitioners alleged that the State Police administration remained silent spectators when communal violence flared in Ekbalpore – Mominpur area on the eve of Laxmi Puja. No steps were taken to ensure protection of life and property of the members of the Scheduled Caste community who were severally affected by the riot. It is further alleged, adequate compensation has not been given to the victims of crime. Other restitutive measures have also not been taken. It is also contended though the incident involved throwing of bombs in the locality, requisite steps under the National Investigation Agency (NIA) Act, 2008 have not been taken.
Under such circumstances, it was prayed that Central Para Military Forces be forthwith deployed in the area to maintain peace and the investigation of the crimes be taken up by the National Investigating Agency.
Other prayers relating to providing compensation to victims, installation of CCTV Cameras in the area and preservation of CCTV footage of the incident have also been made.
Contention of the parties
Learned Counsels appearing for the petitioners argued there is gross apathy to conduct a fair and effective investigation into the acts of violence perpetrated upon members of the Scheduled Caste community. Moreover inefficiency of the State Police is evident from the fact that the Police Station itself was attacked. Under similar circumstances, a Bench presided over by the Hon’ble Chief Justice had issued directions to the State agencies to take assistance of Central Agency, if necessary, to restore peace and tranquility.
Courts observation and order
The bench at the very outset taking note of the contention of the Parties remarked, “Investigation of the cases is in progress, 42 persons have been arrested. 15 live bombs, 4 crude bombs and other weapons have been seized. It is also noted in the report that the situation at present is peaceful. Police pickets have been set up in the area and Section 144 Cr.P.C. has also been promulgated in order to ward of any possibility of breach of peace and public tranquility. Report also discloses that investigation is being conducted by the local police authorities under the supervision of superior police officers. Steps are being taken to apprehend the miscreants who have been identified from the CCTV footages. Perusal of the report shows three out of the five FIRs have been registered under the Explosive Substances Act.”
The bench taking note of the issue whether the State has complied with the requirements of Section 6 of the NIA Act, 2008 (hereinafter referred to the Act of 2008) observed, “Section 6 of the Act, inter alia, casts a statutory duty upon the Officer-in-Charge of the Police Station where an FIR is registered in respect of any of the scheduled offences to forthwith forward a report to the State Government who in turn is required to forward a report to the Central Government as expeditiously as possible. Upon receipt of report, Central Government may within 15 days thereof has to take a decision whether, keeping in mind the gravity of the offence and other relevant factors, it is a fit case to be investigated by NIA.”
The bench further observed, “In view of the aforesaid development, we are of the considered opinion, the issue whether the investigation of the cases involving Explosive Substances Act is to be taken over by NIA is to be considered by the Central Government in the first instance. Hence, we do not express any opinion in that regard at this stage.
With regard to the other prayers made by the writ petitioners, we note FIRs have been duly registered and investigation is in progress. However, as the offences giving rise to the aforesaid criminal cases relate to communal disharmony between communities and would require a sensitive approach in the matter of investigation, we are of the considered opinion, the investigation of the cases be at present transferred to a superior investigating agency of the State Government.”
The bench listing the matter to be heard on 11th November remarked, “State Government shall ensure that communal harmony in the area is restored and all ameliorative measures are undertaken to instill feelings of harmony and fraternity amongst all sections of the society. Local communities shall cooperate with the government and the law enforcement agencies in that regard.
It is also necessary that the victims of crime are promptly and adequately compensated for the loss suffered. State shall take necessary steps in the matter. If inhabitants of the locality have been displaced due to the communal disharmony, the government shall take immediate steps for their repatriation to the locality.”
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