West Bengal CID Playing With Court: High Court Dismisses 'Frivolous' Recall Application, Imposes 5 Lakh Cost For Not Transferring Probe To CBI, ED

The Calcutta High Court has imposed a fine on the State’s Criminal Investigation Department (“CID”) to the tune of Rs 5 lakh for failing to comply with the Court’s earlier orders for transferring probe pertaining to money laundering in a co-operative society to the Central Bureau of Investigation (“CBI”) & Enforcement Directorate (“ED”).

In hearing a recall application by the CID, a single bench of Justice Abhijit Gangopadhyay refused to recall its earlier orders directing for transfer of the probe and held that the plea filed by the CID was not only absolutely frivolous, but that it was tantamounting to “playing” with the Court order. It remarked,

CID has filed the recalling application. I do not know why. This shows that none of the papers and documents relating to investigation by CID has been handed over to CBI and ED. CID is playing with the court. The application has been affirmed by one officer of CID. Why CID is so much interested is not handing over the investigation to CBI and ED? Is CID apprehensive of something that will come to light which was guarded by CID from public gaze? CID has no business in filing such an application.

Accordingly, in directing the CID to comply with its orders, the Court imposed costs of Rs 5 lakh on it, payable September 22^nd to the High Court Legal Services Authorities.

Court concluded, I find that there is no ground for recalling of the order and this is absolutely a frivolous application. I direct the CBI and ED to start the investigation by three days from date if not done already and I direct the CID to hand over all papers and documents to CBI and ED by 18th September, 2023.

Matter has been fixed on 18^th September for further directions.

Case: Kalpana Das Sarkar & Ors. Vs The State of W. B. & Ors.

Case No: WPA 2103 of 2022

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