Calcutta High Court (Appellete Side)
Sri Bishnu Chowdhury vs The State Of West Bengal & Ors on 2 August, 2023
Form No. J(2)
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
Present:
The Hon'ble Justice Jay Sengupta
WPA 12625 of 2023
Sri Bishnu Chowdhury
-vs-
The State of West Bengal & Ors.
For the Petitioner-in-person : Mr. Bishnu Chowdhury
For the State : Mr. Amitesh Banerjee,
Mr. Suddhadev Adak.
For the CBI : Mr. Billawadal Bhattacharyya,
Mr. Sukanta Chakraborty.
For the respondent nos. 7, 8 & 9 :Mr. Ashoke Kumar Chakraborti, ld. ASG,
Mr. Arun Kumar Maiti.
For Mahesh Kumar Chowdhury : Mr. Arijit Sarkar
Mr. Sagnik Chatterjee
Heard on : 02.08.2023
Judgment on : 02.08.2023
Jay Sengupta, J.:
This is an application under Article 226 of the
Constitution of India praying for a direction upon the respondent
authorities, especially the respondent no.4, to treat the petitioner's
written representation as a complaint and upon the respondent
nos.3 and 5 to provide proper police protection to the petitioner and
his family members.
The petitioner appearing in person submits as follows. The
petitioner had been coerced and intimidated to join one Mahesh Kr.
Chowdhury and one Raju Gupta in committing a number of crimes
in the State. He might have participated to some extent in these
crimes at the behest of these two persons. In the process, he came to
know about certain facts, which amount to no less than a big scam
regarding recruitment of personnel in the Army as well as some other
Central Para Military Forces by preparing forged documents. Even
Pakistani nationals got benefited. This prompted the petitioner to
approach the respondent authorities with representations for
necessary action being taken into his complaints. However, the
respondent authorities have not taken sufficient steps in this regard.
Nor was the petitioner initially granted any police protection. It was
only after the intervention of the Court that some police protection
was granted to him. Quite naturally, he feared of his life as he had
acted as a whistle blower.
Learned Deputy Solicitor General representing the Central
Bureau of Investigation submits as follows. This is no more an
adversarial litigation, especially so far as the Central and the State
agencies are concerned. Pursuant to a direction passed by this
Court, a preliminary enquiry was conducted into the allegations. As
would appear from the report filed by them, no irregularities have yet
been found in regarding recruitment in the Armed Forces. However,
as regards employment in the Central Para Military Forces some
irregularities have already been detected. During preliminary
inquiry, at least four such instances have come to light. The State of
West Bengal being a bordering State provides for less cut off marks
in the examinations for employment in the Central Para Military
Forces. This seems to have prompted people from other States,
especially from the northern part of the country to forge documents
to show that they were domiciled in the State of West Bengal.
Domicile certificates, matriculation certificates and caste certificates
have been forged. It will be a matter of a more in-depth investigation
whether foreign nationals have also taken recourse to the same
modus operandi in applying for jobs in the Indian Forces. In one
case, the Sub-Divisional Officer who had issued the domicile
certificate to one such applicant was approached to check whether it
was his signature, which appeared to be so. The Sub-Divisional
Officer flatly denied. However, it was the same Sub-Divisional Officer
who had issued OBC certificates to the same candidates. Therefore,
an FIR needs to be registered and the matter properly investigated to
find out the true extent and gravity of the allegations levelled, which
could have a national implication.
Learned senior counsel appearing on behalf of the Union of
India supports the contentions of the learned Deputy Solicitor
General and submits that in the interest of justice, an FIR needs to
be registered and the offences investigated into.
Learned senior counsel representing the State relies on their
report and submits as follows. This is clearly not an adversarial
litigation. The investigation may involve taking necessary steps be
taken in other States and even information to be obtained from the
Interpol, if necessary. Therefore, the State has no objection if the CBI
investigates into the alleged offences.
I have heard the submissions of the learned counsels
appearing on behalf of the parties and have perused the writ petition
and the reports filed by the agencies.
It appears that the petitioner has acted as a whistle blower and
has brought to light a big scam involving illegal recruitment of
personnel at least in the Central Para Military Forces on the basis of
forged documents. It is not a case of a single infraction as would
appear from the report of the CBI. At least four such instances were
detected by them during preliminary enquiry.
The CBI, in fact, has come to a conclusion after such
preliminary enquiry that offences of illegal recruitment were
committed by preparing and using forged documents and there could
be involvement of public officials in this.
It has been fairly contended by the learned counsel for the
State that this is not an adversarial litigation.
It is absolutely necessary to find out the true expanse and
depth of the malaise.
In the interest of justice and for the sake of security of the
nation, the Central Bureau of Investigation would be best equipped
to deal with such crimes having a pan India effect and would be in
the best position to investigate into the alleged offences.
Considering the exigency and in view of the interference drawn
by the CBI as would be evident from the report, it would be
incumbent upon this Court to act immediately and direct an FIR to
be registered so that the same can be investigated by the CBI.
In view of the above and in the interest of justice, this Court is
inclined to pass the following directions -
(a) Let the CBI register a formal criminal case into the
alleged offences involving illegal recruitment of personnel
in the Central Armed Police Forces by use of forged
documents and thereafter, investigate into the same.
(b) The State shall render all assistance in this to the CBI.
(c) Till the conclusion of investigation, the State also shall
continue to provide police protection that has already
been provided to the petitioner pursuant to his
representation that is to say, a police picket shall remain
posted in front of his house.
With these observations, the writ petition is disposed of.
Urgent photostat certified copy of this order may be supplied
to the parties expeditiously, if applied for.
(Jay Sengupta, J.)
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