Anis Khan Death: Calcutta HC Takes On Record 82 Page SIT Report, Orders Father Of Deceased To Tender Apology For Disparaging Remarks Made Against Court

The Calcutta High Court on Tuesday took on record the report filed by the Special Investigation Team (SIT) pertaining to the investigation into the death of student activist Anis Khan. Anish Khan was found dead at his home in Amta block in Howrah district in the early hours of Saturday, February 19, 2022 under mysterious circumstances.

The Court had earlier taken suo moto cognisance of the case after terming the incident as 'grave and shocking'. It had earlier turned down a prayer for a CBI probe and had allowed the State government-appointed SIT to continue with its probe but under the supervision of a Howrah district judge. The Court had also ordered for a second post mortem to be conducted by the SIT under the supervision of the Howrah district judge. 

Justice Rajasekhar Mantha took on record the detailed 82-page report filed by the State government indicating the steps taken by the SIT towards the investigation. Upon perusal of the report, the Court noted that the investigation into the case is nearing completion. 

The Court further directed Advocate General S.N Mookherjee to serve a copy of the SIT report to senior counsel Bikash Ranjan Bhattacharya appearing on behalf of the petitioner. It was however underscored that confidentiality of the report must be maintained in order to ensure that the ongoing investigation is not jeopardised in any manner. 

"Let a copy of such report be made available to Mr. Bikash Ranjan Bhattacharya, learned senior counsel appearing for the writ petitioner. The confidentiality of the report must continue to be maintained as discussed in the Court in the presence of all counsels. Let the report be resealed and retained in the records of this Court", the order read.

The Advocate General further apprised the Court that the SIT is ready to file a chargesheet and that polygraph tests have also been conducted by concerned authorities in Delhi.

Pertinently, the Court took cognisance of certain disparaging remarks that were reportedly made by the petitioner (father of the deceased) against the Court which were subsequently circulated in social media. The petitioner had reportedly remarked that Justice Mantha had not conducted a hearing of the case yesterday due to political pressure from the Chief Minister.

A pen drive was also produced before the Court by advocate Achinta Sengupta which contained the concerned video where the petitioner was seen to have made the remarks.  During the proceedings, the Advocate General as well as senior counsel Bikash Ranjan Bhattacharya submitted that they had also seen the video and had also read the same in the newspapers. 

Accordingly, Justice Mantha indicated that he was inclined to release the matter. However, the Advocate General as well as senior counsel Bikash Ranjan Bhattacharya prayed before the judge to not recuse from hearing the case.  

"In view of the above, this Court has proposed to release the matter. However, all counsels for all the parties have uniformly said that this Court should continue to hear the matter and should not release it. It is submitted that release would encourage vested interests", the Court recorded in its order. 

Accordingly, the Court ordered the petitioner to tender a written apology in an affidavit on the next date of hearing which is slated to take place on April 25. 

"Mr. Bhattacharya has accepted the directions of this Court that an apology should be forthcoming on affidavit from his client. Let such affidavit be filed before this Court on the adjourned date", the Court ordered. 

Background

Student activist Anish Khan was found dead at his home in Amta block in Howrah district in the early hours of Saturday, February 19, 2022. Khan's murder has also sparked a large-scale students' protest at the Aliah University of Kolkata, where he was enrolled in an integrated five-year-long Master of Business Administration (MBA) Course. Khan also played a pivotal role in the 137-day-long protest by Aliah University students against the state government's policies.

Alleging that four persons had come to their house on Friday night donning police and civic volunteer uniforms, Khan's father has claimed that his son was pushed off the third floor of their house in Amta. Khan's family has been demanding a CBI investigation into the death.

West Bengal Police had constituted a three-member SIT on Tuesday to probe the death of a student in Aliah University. The team is led by the Additional Director General of Police of CID Gyanwant Singh. According to the state government order, the SIT will submit its report within 15 days.

West Bengal Chief Minister Mamata Banerjee had given the direction for the constitution of an SIT after protests had erupted over the murder of Aliah University student Anis Khan.

Case Title: Salem Khan v. State of West Bengal and Ors.

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