CBI Approaches Calcutta High Court Against Special Court Order For Joint-Probe Into Alleged Custodial Torture Of Recruitment Scam-Accused
The Central Bureau of Investigation (“CBI”) on Monday approached a single-bench of Justice Amrita Sinha of the Calcutta High Court, who is in seisin of and monitoring the ongoing probe in the cash-for-jobs recruitment scam wherein many high-ranking officials of the ruling State government are accused by the CBI & Directorate of Enforcement (“ED”).The central agencies have challenged...
The Central Bureau of Investigation (“CBI”) on Monday approached a single-bench of Justice Amrita Sinha of the Calcutta High Court, who is in seisin of and monitoring the ongoing probe in the cash-for-jobs recruitment scam wherein many high-ranking officials of the ruling State government are accused by the CBI & Directorate of Enforcement (“ED”).
The central agencies have challenged a Special Court order directing joint-probe into alleged custodial torture of one of the accused, Kuntal Ghosh.
The issue was first raised before the High Court which had sought a report from the central agencies. The CBI had filed a sealed cover report on July 14, stating that it has been "conclusively established" that the complaint lodged by Ghosh alleging torture at the hands of CBI officials and ED are "false and without any substance".
The High Court had then directed that no proceedings or FIRs be registered against the members of the Special Investigation Team (“SIT”) comprising CBI and ED officials, without leave.
Today, counsel for CBI, DSG-I Billwadal Bhattacharya submitted that the Special court, which was trying the accused, had passed an order “completely overlooking the court-monitored investigation and orders passed by the High Court,” directing the Joint-Commissioner of Kolkata Police (Crime) and the CBI to conduct another parallel joint-enquiry on Ghosh’s complaint and to pass on the findings of the same to the jurisdictional police.
It was submitted, “This is overlooking this Court’s orders, despite the fact that your ladyship had passed a direction that no proceedings or FIRs be initiated against the officers in the SIT. Since the matter is of urgency, I am filing physically with your leave, otherwise the Union and the agencies usually file online.”
Court has directed for the matter to be taken up on Thursday, 14th September.
Case: Soumen Nandy v. The State of West Bengal & Ors.
Case No.: WPA 9979 of 2022