Calcutta HC Orders CBI DIG To Enquire Into Dilution Of Charges By IO In Custodial Death Case

The Calcutta High Court on Monday ordered an enquiry by the DIG, in charge of Special Crime Branch of the Central Bureau of Investigation (CBI) into alleged dilution of charges against accused police personnel by the investigation officer (IO) of the agency in a case of custodial death of 2013 in Hooghly district, the probe of which had been entrusted with the CBI.

The case involved the alleged custodial death of one Kazi Nasiruddin at Dhaniakhali police station in Hooghly district of West Bengal back in 2013. Nasiruddin had died on January 19, 2013 after he was arrested the previous night. The High Court in May, 2013 had ordered the CBI to take over the probe into Nasiruddin's death allegedly in the custody of Dhaniakhali police station in Hooghly district.

Justice Tirthankar Ghosh on Monday noted that the sections under which prosecution has prayed for framing of charges in a case of custodial death has primarily diluted the offences for which it should have been recommended by the Investigating Officer. Accordingly, the Court observed while directing the DIG to conduct an enquiry, 

"Under such circumstances, this court feels that the inherent powers of this Court should be exercised and an enquiry be conducted by the DIG, in charge of Special Crime Branch, CBI, New Delhi regarding the materials collected by the Investigating agency in this case, the opinion expressed by the Investigating Officer and the section for which the Investigating officer has prayed for prosecution."

 The Court directed that the report of the DIG should be submitted before the Court on the next date of hearing which is slated to take place on March 30.

In the instant case, the deceased's widow Manuja Bibi had moved the High Court alleging that the charges which have been framed by the trial court are contrary to the materials on record.

The concerned IO, after completion of investigation, had submitted a charge-sheet before the trial court under sections 304A (causing death by negligence), 324 (voluntarily causing hurt by dangerous weapons and means), 342 (wrongfully confining a person), 218 (Public servant framing incorrect record or writing with intent to save person from punishment) and 34 (common intention) of Indian Penal Code (IPC).

Opining that the investigation had been handed over to the CBI to ensure a fair and impartial probe, the Court further underscored, 

"The purpose of the Division Bench for sending and entrusting investigation to the CBI was with the purpose and object of having a fair and impartial investigation and to gain confidence of the public at large, so that police authorities if they exceed their authority within the campus of the police station they would be punished and penalised for the alleged offence which they have committed."

The Court also perused the report submitted by the concerned IO before the trial Court under Section 173 of the CrPC. The IO's opinion also stated that a sub-inspector of police had prepared a false inquest report showing no injury on the body of deceased Kazi Nasiruddin with the objective to save his colleagues from prosecution.

Opining that the IO's observations are 'self-contradictory', Justice Ghosh remarked further, 

"The aforesaid observations by the Investigating officer are self-contradictory and the sections under which prosecution has prayed for framing of charges, in a case of custodial death has primarily diluted the offences for which it should have been recommended by the Investigating Officer."

Accordingly, an enquiry by the DIG, CBI was directed. 

Case Title: Manuja Bibi v. Central Bureau of Investigation, SC-II, New Delhi & ors

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