BREAKING: Calcutta HC Upholds Single Judge Order For CBI Probe Into Congress Councillor Tapan Kandu's Murder

The Calcutta High Court on Monday upheld the order of a Single Judge bench for a CBI probe into the death of former Congress councillor of Jhalda Municipality in Purulia, Tapan Kandu who was reportedly shot dead by miscreants on March 13.

Some motorcycle-borne persons had reportedly shot Tapan dead when he had gone for a walk near his residence. A Special Investigation Team (SIT) had also been constituted to probe the murder of Tapan Kandu with the help of the crime investigation department (CID).

A Division Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj noted that the counsel appearing for the CBI has pointed out that the CBI has already taken over the investigation and substantial progress in the investigation has been done.

Opining that no case of interference is made out, the Court observed, 

"In view of the circumstances noted above, we do not find any error in the order of the learned Single Judge and no case of interference is made out. We make it clear that any observation made by the learned Single Judge in the order under challenge or by this Court in this order are only tentative for the purpose of deciding the present issue and they will not prejudice the trial in any manner."

The Bench further opined that the Single Judge has considered the factual and legal position while passing the impugned order and accordingly underscored, 

"We are of the opinion that the circumstances which are noted by the learned Single Judge in respect of the lapses on the part of the investigating agency, the nature and circumstances of the case and the legal position which has been taken note of, fully justify the direction which has been issued in the impugned order."

It was further noted that the Single Judge had called for two reports from the Superintendent of Police in respect of the investigation and had also perused the case diary before passing a direction for a CBI probe. The Court also took into consideration that the Single Judge has reached to the conclusion that there is need for instilling faith of the public at large in investigation that involves serious crime and having regard to the gravity and political nature of the crime and thus handed over the investigation to the CBI.

Reliance was placed on the Supreme Court decision in R.S. Sodhi, Advocate v. State of U.P. and Others wherein it had been held that if the accusation is against the local police personnel, it will be desirable in the larger interest of justice to entrust the investigation to the CBI so as to assure investigation credibility.

Justice Rajasekhar Mantha in the impugned order had ordered for a CBI probe by opining that there is a need for instilling faith of the public at large and that given the gravity and politically sensitive nature of the crime the public needs to see that the Rule of Law is still alive and functioning.

Impugned Order

Justice Rajasekhar Mantha was adjudicating upon a plea moved by the widow of the deceased Councillor seeking a CBI probe on the ground that no progress in the investigation has been made by the State investigating authorities.

Pursuant to the perusal of the case diary as well as a further status report filed by the concerned police authorities, the Court had pointed out certain aspects of the investigation that were concerning.

The Court had noted that the accused Kolebar Singh was reportedly arrested in Jharkhand and thereafter remanded in custody by the appropriate Court in Purulia, West Bengal. The Court had stated that a transit remand to this effect has been omitted in the case diary. It had also been highlighted that the photographs of the site of occurrence had been taken 2 days after the date of incident apparently after the intervention of the CID, West Bengal.

Expressing deep concern, the Court had also noted that the Inspector-In-Charge of the Jhalda Police station, Sanjib Ghosh who is set to have facilitated the crime had not yet been taken into custody. The Court had observed that it is 'surprising' that the mobile phone of Ghosh has not yet been seized and that vital data may have been lost by now.

"It also appears that the person who is stated by the complainant to have facilitated the crime, i.e., the Inspector-in-Charge of the Jhalda Police Station, Sanjib Ghosh, has not been taken into custody as yet, and is still performing his duties. It is surprising to note that the mobile phone of the said Sanjib Ghosh has not been seized till date. Vital data may have been lost", the Court had ordered.

Justice Mantha had also objected to the fact that Purulia district police superintendent, S. Selvamurugan had held a press conference where he had given a clean chit to Ghosh by stating that the murder was a result of family feud. "This has been done while the investigation is still in progress and, final report is yet to be submitted" , the Court had opined.

The Court also took cognisance of the fact that the Purulia district police superintendent, S. Selvamurugan had been summoned by the Enforcement Directorate pertaining to the investigation relating to the coal scam case. Thus, the investigation into the death of former Congress councillor of Jhalda Municipality in Purulia had been transferred to the CBI.

Case Title: State of West Bengal v. Purnima Kandu 

Case Citation: 2022 LiveLaw (Cal) 225

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