Calcutta High Court Calls For An Inquiry Into Police Officials' Conduct For Not Investigating A Mob Lynching Case

Pulling up West Bengal Police for not following Police Regulation of Bengal in relation to a Mob Lynching Case, the Calcutta High Court last week called for an inquiry into the conduct of the Officers-in-Charge of two police stations in the state.

The Bench of Justice Rajasekhar Mantha issued this order after noting lapses on the part of the Shibpur and the Shakespeare Sarani Police Stations in not registering a UD (Unnatural Death) case or conducting an investigation into a Mob Lynching case.

Essentially, the Court was dealing with a plea seeking registration of an FIR regarding an unfortunate incident that had occurred in December 2018, where a boy had died in the jurisdiction of the Shibpur Police Station upon being allegedly lynched by a mob.

Referring to the records of the case, the Court noted that the boy, most likely under influence of alcohol, was driving a vehicle that had a hooter and signal lights. The vehicle hit a motorcycle that was carrying a couple, who fell down.

Thereafter, a local mob gathered who inflicted serious injury on the boy [under the jurisdiction of Shibpur Police Station], and thereafter, he was taken to a hospital at the instance of the parents where he succumbed to injuries.

Importantly, the Court took into account a communication from one Dr. Sabyasachi Sen addressed to the Shakespeare Sarani Police Station [under whose jurisdiction the death occurred] indicating that the parents of the victim did not want a post mortem and that a N.O.C. was required to hand over the body to the family.

A further letter was also produced by the State before the Court which was written by the cousin brother of the victim to the O.C., Shibpur Police Station to receive the body, wherein it was stated that he had no grievance or allegation against anybody.

Against this backdrop, the Court however noted that Rule 299 of the Police Regulation of Bengal, 1943, prescribes that in such cases, a UD case ought to have been registered by the Shibpur Police Station and transmitted to the Shakespeare Sarani Police Station under whose jurisdiction the death occurred.

"There is undoubtedly some lapse on the part of the Shibpur Police Station and the Shakespeare Sarani Police Station in not having registered an unnatural death case on the day of occurrence or death. It appears to this Court that the Shibpur and Shakespeare Sarani Police Stations may have acceded to the request of the family of the deceased boy not to register any case or commence any investigation. Such request of family of victim, who have died in unnatural circumstance and particularly where there is drunken driving is not unnatural," the Court remarked.

However, stressing that the registration of FIR and investigation into the death after ten months may be an exercise in futility and it is unlikely that any person, who may have been involved in the lynching of the victim, will be traced out, the Court refused to direct the registration of an FIR in this case.

Lastly, the Court directed the D. G. P, West Bengal/Commissioner of Police, Kolkata to conduct ab inquiry into the conduct of the police officials and thereafter, disposed of the plea.

Case title - Mahindra Nath Pradhan v. The State of West Bengal & Ors.

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