Tarunjyoti Tewari vs Union Of India & Ors
2021 Latest Caselaw 3672 Cal

09.07.2021 Sl. 1 - 4 (Via Video Conference)

Amalranjan IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE

WPA (P) 186 of 2021

Tarunjyoti Tewari Vs.

Union of India & Ors.

With WPA (P) 187 of 2021

Sandipan Das Vs.

Union of India & Ors.

With WPA (P) 188 of 2021

Tapas Maity Vs.

State of West Bengal & Ors.

With WPA (P) 191 of 2021

Ajit Kumar Mishra Vs.

Union of India & Ors.

Mr. Billwadal Bhattacharyya Mr. Saket Sharma ... for the petitioner in WPA(P) 186 of 2021

Mr. Bikash Ranjan Bhattacharya, Sr. Advocate Mr. Sabyasachi Chatterjee Mr. Indrajeet Dey Mr. K. Das Mr. P. Karar Mr. Akashdeep Mukherjee Ms. R. Mukherjee Mr. A. Sharma ...for the petitioner in WPA(P) 187 of 2021

Mr. Bikash Ranjan Bhattacharya, Sr. Advocate Mr. Samim Ahammed Ms. Gulsanwara Pervin ...for the petitioner in WPA(P) 188 of 2021

Mr. Smarjit Ray Chaudhury Mr. Nilanjan Bhattacharya

Mr. Indrajit Chatterjee Mr. Abhishek Acharya ...for the petitioner in WPA(P) 191 of 2021

Mr. Kishore Datta, ld. Advocate General Mr. Anirban Roy Mr. Raja Saha Mr. Sayan Sinha ...for the State

Mr. Alok Ghosh Mr. Subhrangsu Panda ...for the KMC

As questions of law we take into account

two arguments. First, the submission of the

Learned Advocate General that taking

cognizance of, making an investigation into an

alleged offence and starting prosecution for it is

a state-subject over which it has exclusive

power.

Secondly, the judgment cited by Mr. Bikash

Ranjan Bhattacharya, learned senior advocate

for some of the petitioners, Subrata Chattoraj

Vs. Union of India and Others connected with

Alok Jena Vs. Union of India & Others, reported

in (2014) 8 SCC 768 which, inter alia, lays down

that the High Court and the Supreme Court are

vested with powers to order investigation of a

matter by the Central Bureau of Investigation, in

specific cases, when, inter alia, the alleged

offence is part of "a larger conspiracy" involving

very influential and powerful persons in the

state, having a direct impact on the investigating

machinery and process. In that situation, the

court will intervene and hand over the

investigation to the Central Bureau of

Investigation for an impartial investigation.

The case at hand is a very unique one.

Nothing similar to this is in public memory. One

Debanjan Deb with the aid and assistance of

some collaborators was running diverse fake

Covid-19 vaccination camps and had vaccinated

numerous persons.

He was holding himself out as an IAS

officer with a high ranking post in Kolkata

Municipal Corporation.

He was driven around in an Innova car with

a flag and blue flasher beacon, creating an

impression in all that he was a very high official.

The vaccine administered was contained in

a glass vial with a fake label of Covishield or

Sputnik V wrapped around its body. The vial

contained the substance 'Amikacin Sulphate IP'

or Triamcinolone Acetonide Injection IP

"NADICORT', later revealed during investigation.

He maintained an office with fake letter

pads, stands, holograms of Kolkata Municipal

Corporation, disposable syringes, rubber

stamps. The office was equipped with computer

and other electronic devices.

He had also managed to open a bank

account in the name of Kolkata Municipal

Corporation Planning & Development, UPD,

Kasba, operated by two of his collaborators.

It is said that he obtained the medicinal

items from agencies authorised by Kolkata

Municipal Corporation .

Mr. Bikash Ranjan Bhattacharya, learned

senior advocate assisted by Mr. Billwadal

Bhattacharya, advocate submits that the above

facts would show that there is a likelihood of

involvement of political and government officials

in this misdeed. It was part of a larger

conspiracy. Powerful and influential people have

roles to play. The investigation is tardy, slow

and does not show any real purpose.

In those circumstances, the investigation

should be handed over to the Central Bureau of

Investigation.

Mr. Billwadal Bhattacharya adopting the

submission of Mr. Bikash Ranjan Bhattacharya

added that way back in 2017 Debanjan Deb had

tried to impersonate himself as a high

government official and conducted a sham

selection process by taking monetary

gratification from the candidates. The case was

reported to the Bidhannagar Police Station, but

no action had been taken.

Pursuant to an earlier direction of this court

a report in the form of an affidavit has been filed

by the government of West Bengal.

All learned counsel have made submissions

on this report. The following appear from this

report.

On 22nd June, 2021, in the evening the

Kasba police station had information of a

suspicious Covid vaccine drive in the area. Their

officers visited the place. They noticed that the

camp was being held without any authorisation

from Kolkata Municipal Corporation or any

government agency, by Debanjan Deb

impersonating himself as an IAS Officer and a

high official of the Corporation. They

immediately detained him and later, the same

evening arrested him.

Various documents like identity cards,

visiting cards, Innova vehicle and other items

which he was using to running the vaccination

camps were seized.

On the very next day i.e., 23rd June, 2021

he was produced before the learned Additional

Chief Judicial Magistrate, Alipore, and was

remanded in police custody till 29th June, 2021.

On 29th June, 2021 he was again remanded in

police custody till 5th July, 2021.

Learned Advocate General tells us that on

7th July, 2021 his remand has been extended

and this time to the judicial custody.

He submits that an Anti Cheating Special

Team consisting of 17 members of the Detective

Department is investigating the alleged offence,

under the leadership of the Deputy

Commissioner of Police, Detective Department.

According to the report, after 22nd June,

2021 further investigation has been carried out.

Many illegal vaccination camps run by Debanjan

Deb have been identified. On 24th June, 2021

the vials, injections, documents and other

articles were seized. These vials were sent for

medical examination, which revealed the said

substances that were being in the vaccination

camps. On 24th June, 2021 there was further

seizure of letter pads, holograms, seals of

Kolkata Municipal Corporation. The documents

regarding opening of the bank account in the

name of Kolkata Municipal Corporation were

also seized.

The persons suspected of aiding and

abetting the offence have also been taken into

custody. Statements under Section 161 of the

Criminal Procedure Code have been recorded.

Bank accounts in the name of the accused and

his collaborators are also being investigated.

One such account in the name of M/s. WB

FINCORP. and another M/s. KMC Planning &

Development UPD, Kasba have been identified

and enquired into.

It is true, that an offence of this type has

rarely been seen. It is astonishing how a person

could impersonate as an IAS officer and a high

official of KMC, and operate a bank account, in

its name for a significant length of time, conduct

vaccination drives and other activities without

being detected.

Debanjan Deb along with his collaborators

have been able to deceive a large section of

innocent people, lure them to take vaccination

from him at a serious risk to their lives.

Nonetheless, from 22nd June, 2021 the

authorities have woken up.

We find from the report and the

submissions of the learned Advocate General

that steps have been taken with promptitude to

apprehend the accused and to make a full-

fledged enquiry into the alleged offences. The

above narration of facts shows that almost in a

day to day basis the investigation has been

carried out. The accused have been remanded to

further custody for more intensive investigation.

That investigation is in progress. Some reports

from experts are expected which will throw

further light on the controversy.

The above enquiry does not show that there

is any deficiency in the conduct of this

investigation that should compel the court to

order investigation by the Central Bureau of

Investigation.

In fact, the court in Subrata Chattoraj Vs.

Union of India & Ors. reported in (2014) 8 SCC

768 has also said that the order for enquiry or

an investigation by the CBI has to be sparingly

made.

In our view, at this stage the facts do no

warrant investigation by the CBI. Whether

investigation by the said agency would be

necessitated in future. It would only depend

upon the conclusion of this investigation, the

result of it and the subsequent steps taken by

the prosecution further to it. If and when such

occasion arises, the petitioner or any public-

spirited person may move us, by a fresh

application.

With these observations, we dispose of these

writ applications (WPA (P) 186 of 2021, WPA (P)

187 of 2021 and WPA(P) 188 of 2021.

WPA (P) 191 of 2021)

There is no merit in this writ application.

The applicant is a lawyer. He calls upon the

court to make an enquiry whether the

vaccination administered by Debanjan Deb is at

all fake or not. It is an admitted fact, that the

substance used by him was not vaccination

material at all but some other chemical

substances and that he was not at all authorised

to administer it.

In those circumstances, the writ application

(WPA (P) 191 of 2021) is thoroughly

misconceived and is dismissed.

( I. P. Mukerji,J. )

( Aniruddha Roy,J. )