Darivit Firing: Calcutta High Court Orders NIA Probe, Calls West Bengal CID's Investigation 'Inadequate'

The Calcutta High Court on Wednesday transferred the investigation of a case, related to the incident of firing and bombing at Darivit High School in the Islampur block of Uttar Dinajpur district, to the National Investigation Agency (NIA).

The single judge bench of Justice Rajasekhar Mantha observed:

“Given the fact that the police mentioned in the chargesheet about the mobs attacking with bombs during the agitation, the first and foremost action from their end would have been to inform the Central Government, Ministry of Home Affairs about the same, so that the matter could be considered or be sent to the National Investigation Agency (NIA).”

Facts

On September 20, 2018, the students and parents of the Darivit High School began to protest against the appointment of two Sanskrit and Urdu teachers in the school.

It was stated in the FIR that the Police received information at 2.05 pm about an agitation started by the students of the school. Upon receiving information, Inspector-in-Charge, Islampur P.S., along with a contingent of additional officers and police force reached the school and found a large number of students and about 1000 other persons agitating against the appointment of the Urdu and Sanskrit teachers in the school. The students restrained the police from entering the school.

It was alleged that the police force was suddenly attacked by an unruly mob with bricks, lathi, bombs, and firearms. Several police personnel are stated to have been injured. The police too fired tear gas and rubber bullets. It was stated that three civilians and one police officer received bullet injuries and several police vehicles were damaged. It was further stated that out of three civilians who received bullet injuries, two of them succumbed to their injuries.

A suo moto FIR was registered by the Islampur Police Station under Sections 147, 148, 149, 186, 353, 333, 326, 307, 302 of IPC read with Sections 3 and 5 of Explosive Substance Act, Sections 25 and 27 of the Arms Act and Section 9 of The West Bengal Maintenance of Public Order (WBMPO) Act, 1972 against 14 persons and 1500 other unnamed persons.

The CID, West Bengal, took over the investigation on September 25, 2018 from the Islampur P.S. and investigation continued over 4 years thereafter by eight successive investigating officers of the CID. A charge sheet dated November 7, 2022 was submitted.

Three writ petitions were filed on October 4, 2018 seeking a transfer of the investigation to the CBI on the following grounds:

1. A further complaint of the writ petitioners, dated 25th September 2018 against two police officers and two MLAs, has not been taken into consideration or investigated by the CID. The said second complaint was annexed to the writ petition filed on October 2018, despite whereof, has been ignored by the CID.
2. The recommendations of the NHRC have not been considered by the CID.
3. The actual wrongdoers have not been identified by the CID.
4. The cartridges of the bullets fired at the incident have not been analysed by the CID even though they were available and collected by the Islampur police, as seen by the local villagers.
5. The Post-mortem of the victims was done without the family members present.
6. A second post-mortem was never conducted despite requests.
7. The purpose of the investigation of the CID was only to frame the innocent villagers.
8. It is necessary to ensure and instil confidence of the public in the investigation that it is handed over to and conducted by, an agency outside the State. This would ensure an impartial and fair investigation and only then the truth would emerge. Only the CBI can investigate the role of influential political persons in the incident and the role of the State police in the death of the two boys.

Subir Sanyal, the counsel appearing for the NHRC submitted that NHRC has annexed a detailed report which reveals that the investigation by the CID, West Bengal, is perfunctory. It was further submitted that the facts and circumstances, leading to the incident, and the events that occurred in the course of the incident and thereafter, have been suppressed and deliberately ignored by the CID, West Bengal.

The NHRC’s Counsel also argued that the State Human Rights Commission (SHRC) has abdicated its responsibility and only aimed at protecting the State administration and police.

Subhabrata Datta, the counsel appearing for the State, contended that the CID has conducted a fair and comprehensive investigation and a charge sheet has been filed albeit after more than four years of the incident. It was further alleged that not a single person appears to have been summoned nor had any evidence been recorded before NHRC and none of the photographs or video footage collected by the NHRC have been produced along with its report.

The Court noted that from the 21st of September, 2018 till date, the SHRC has been guilty of complete inaction. They have neither sent a team for spot enquiry nor have they chosen to enquire into the matter despite specific powers conferred on them under Sections 12, 13, 14, 15, 16, 17, and 18 of the Act of 1993, said the court.

"The SHRC only sought reports from the DM, the DG, the CID, the SDO, and the SP for nearly 5 years. The last of such reports were received by the SHRC in November 2022. There has therefore been an abject failure and complete abdication of statutory responsibilities by the SHRC," it added. 

The Court said that it has been left with no other optios than to consider and entertain the report of the NHRC filed along with their affidavit for the limited purpose of considering whether it is a plausible second opinion or view of the actual turn of events in respect of the incident at Darivit High School.

“The power of this Court under Article 226 is wide enough to accept the report of the NHRC as a preliminary inquiry finding. The grievance of the State that their police and administration have been indicted without being heard (if correct) may now be misplaced. The concerned police and officials of the State Administration would be heard in accordance with law in the event any formal prosecution is launched against them. There cannot, therefore, be any prejudice to them as of now,” said the court.

After considering the findings of the NHRC in its report and highlighting the omissions of the CID, West Bengal in the investigation, the court observed that the investigation of the CID, West Bengal, is inadequate and “perfunctory”. Thus, the court directed the investigation of the incident to be transferred to NIA.

The court further directed the State to pay compensation to the families of the victims both killed and injured in the incident within a period of two months.

Case Title: Nilkamal Sarkar v. State of West Bengal & Ors. and other related petitions

Coram: Justice Rajasekhar Mantha

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