BREAKING: Birbhum Massacre| Calcutta HC Reserves Order, Takes On Record Case Diary

The Calcutta High Court on Thursday reserved order in the suo motu petition initiated pertaining to the incident of Rampurhat violence in Birbhum district. 

The Court had earlier taken suo moto cognisance of the incident. On the last date of hearing, the Court had declined the prayer for a CBI probe by observing that an opportunity should first be granted to the State investigating authorities to produce the case diary and other relevant documents before the Court by 2pm on March 24.

The murder of a deputy pradhan in Bogtui village in West Bengal's Birbhum district on Monday evening led to at least eight houses in the area being attacked and set on fire, resulting in eight deaths, including that of women and children. 

A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj on Thursday reserved order pursuant to the extensive submissions of the concerned parties. 

"We will consider and pass order", the Chief Justice orally remarked. 

The Court also took on record the case diary submitted by the State investigating authorities pertaining to the ongoing investigation. 

Pursuant to the perusal of the case diary, the Chief Justice orally remarked,

"This Case Diary we are returning to you, if we need it we will call for it", the Chief Justice said addressing the Advocate General. 

During the hearing, at once instance the Chief Justice enquired while addressing the Advocate General, 

"Mr Mukherjee are they educated, literate people? We find one dying declaration in English"

In response, the Advocate General informed the Court that the concerned person has not died and is recuperating so it is just a statement and not a dying declaration. The Court was further apprised that the concerned statement had been recorded in the presence of a doctor. 

Submissions on behalf of the petitioners 

CCTV cameras not installed, CM's visit intended to suppress material facts 

The counsels for the petitioners submitted that despite prior directions of the Court, no CCTV cameras have been installed by the State government in the scene of the crime. Furthermore, it was highlighted that Chief Minister Mamata Banerjee on Thursday has announced a compensation package for the victims which is purported to be an 'act of impersonation of victims' to suppress material facts.

Probe by the CBI or any other impartial investigating agency required 

It was further contended that the Court must transfer the ongoing investigation to the CBI for the purpose of conducting an impartial investigation. Reliance was placed on the Calcutta High Court judgment in Association for Protection of Democratic Rights v. State of West Bengal wherein the Court had ordered for a CBI probe during the Nandigram violence back in 2007. 

Reference was also made to the Supreme Court judgment in Rubabbuddin Sheikh v. State of Gujarat to contend that investigation should be handed to the CBI or any other independent investigating agency not only to unearth the truth but also to install confidence in the victims. 

The petitioners also alleged that the police authorities had refused to record any statement of the victims under Section 161 or Section 164 of the CrPC. 

Alleged involvement of SIT member Gyanbant Singh in crimes 

It was also averred that additional director general of police (CID), Gyanbant Singh who is heading the State constituted SIT, had been served notice by the Enforcement Directorate (ED) in 2021 regarding a coal smuggling case. It was further alleged that Singh has been repeatedly made a part of State constituted SITs in order to influence ongoing investigations, reference was made to the SIT constituted to investigate the alleged murder of student leader Anis Khan. 

Victims not being given proper medical treatment 

The Court was also informed that the victims who have been hospitalised are not being given proper treatment. At this point, the Chief Justice enquired, "How many such persons are in the hospital?". In response, it was submitted that as per media reports, 4 persons are currently in the hospital. 

Prime suspect-TMC Bloc President not yet arrested 

The Court was also apprised that the prime suspect in the crime- a TMC Bloc president has not yet been arrested by the police authorities. In this regard, reliance was placed on the Calcutta High Court judgment in Bar Association v. Unknown wherein the High Court had transferred investigation to the CBI after noting that the local committee of the then ruling C.P.I.(M) Party was involved in the incident.

Particulars to be ascertained from the case diary 

The petitioners further submitted before the Court that it should be ascertained from the case diary whether the fire brigade first reached the place of occurrence or the police authorities. 

"The first allegation was of a massive coverup. If the distance was close, then police should have suo moto taken it up", the counsel for the petitioners remarked. 

It was further averred that it must also be ascertained whether the SIT had given any direction to the concerned Investigating Officer to ensure that the investigation progresses in the right direction. 

The counsel also averred that it must be seen if proceedings have been initiated with regards to tower dumping technology. The Court was informed that this new technology enables investigating authorities to access entire data available in that particular cell tower.

It was further submitted that it has to be analysed from the case diary whether the crime scene had been reconstructed by the investigating authorities. The Court was further informed that it must also be seen whether samples recovered had been labelled, sealed and were handed over under a covering letter. 

"The bodies were completely charred. What was the investigation carried out to ascertain how these bodies were charred beyond recognition?", the counsel averred further. 

Submissions on behalf of the State government 

31 CCTV cameras installed, witness protection extended, security provided to CFSL personnel 

Advocate General (AG) S.N Mookherjee handed over the case diary to the Court. He further apprised the Court that as per the prior directions of the Court, 31 CCTV cameras have been installed in the scene of the crime. 

He further informed that despite no such directions to this effect, arrangements have been made to provide security to the CFSL personnel visiting the crime scene by the Central Reserve Police Force. 

The Court was further apprised that witness protection has also been extended. "We are today taking names of witnesses..I am not going to take names, witness protection has been made available", the AG remarked. 

Except one, videography of all post mortem examinations conducted 

Regarding the conduct of post mortem examinations, the Advocate General submitted that all post mortem examinations have been concluded. The Court was further informed that except in one instance, video recording of all other post mortem examinations has been done. 

"All but one has been done, I am going upfront and telling your Lordships that", the AG remarked. 

The Advocate General also expressed his reservations by contending that most of the submissions made by the petitioners have not been mentioned in their respective petitions.

Chief Minister in the position of a trustee has the right to visit place of occurrence 

He further objected to the displeasure expressed by the petitioners to the visit made by the Chief Minister today at the place of the incident. He averred that representations from all political parties had been permitted to visit the Birbum district. 

"The Chief Minister has gone today and we heard everyone who say going there itself was wrong..Now I want to make one submission. She is even today, in the position of a trustee. What has happened is horrible! She has gone, kindly see where it is leading", the AG remarked further. 

The Court was also informed that confidence building measures have also been undertaken by the State government. However expressing his apprehension, the AG remarked, "Confidence building measures have started..it is not going to result in reversal immediately..it is contrary to human behaviour to say that everyone will come back..those who have left". 

Gyanbant Singh exonerated from all criminal charges 

Refuting the arguments made by the petitioners against additional director general of police (CID), Gyanbant Singh who is heading the State constituted SIT, the Advocate General informed the Court that although there was an allegation of murder against him in the case of Rizwanur Rahaman back in the year 2007, Singh had been subsequently exonerated from all allegations. It was also averred that in none of the PILs filed yesterday, any averments had been recorded against Singh. 

"He was exonerated. Was even a chargesheet filed against him? The Left was in power then in 2007..If he is being crucified by submissions from the Bar, he is entitled to a hearing..not one allegation made against him after 2014", the AG remarked. 

Judgments relied upon by petitioners do not hold ground 

He also objected to the reliance placed by the petitioners on the Supreme Court judgement in Rubabbuddin Sheikh v. State of Gujarat by contending that in that case a CBI probe had not been directed on the first day but after investigation by the Gujarat police authorities had been thoroughly conducted. 

Arguing against the reliance placed by the petitioners on the Bombay High Court judgment in Parambir Singh v. State of Maharashtra, the Advocate General submitted that in that particular case serious allegations had been levelled not only against the head of police but also against the Home Minister. He further highlighted that unlike the instant case, no FIRs had been registered by the Mumbai police authorities. 

CBI probe can be directed only in rare and exceptional cases 

The Advocate General further placed reliance on the Supreme Court judgment in Prof. K.V. Rajendran v. Superintendent of Police wherein the Apex Court had held that investigation can be transferred from the State investigating agency to any other independent investigating agency like the CBI only in rare and exceptional cases- such as where high officials of State authorities are involved, or the accusation itself is against the top officials of the investigating agency thereby allowing them to influence the investigation. 

Furthermore, the Supreme Court judgement in Mohd. Haroon & Ors. v. Union of India was also referred to whether the Apex Court had held while declining the prayer for a CBI probe, "In the light of various steps taken by the State, facts and figures, statistics supported by materials coupled with the various principles enunciated in the decisions referred above, we are of the view that there is no need to either constitute SIT or entrust the investigation to the CBI at this juncture. However, we are conscious of the fact that more effective and stringent measures are to be taken by the State administration for which we are issuing several directions hereunder."

Reliance was placed on the Supreme Court judgment in Shree Shree Ram Janki v. State of Jharkhand wherein it had been held,  "It is a primary responsibility of the investigating agency of the State Police to investigate all offences which are committed within its jurisdiction. The investigations can be entrusted to Central Bureau of Investigation on satisfaction of the conditions as specified therein only in exceptional circumstances..Such power cannot and should not be exercised in a routine manner without examining the complexities, nature of offence and some time the tardy progress in the investigations involving high officials of the State investigating agency itself."

Thus, the Advocate General averred that no case has been made out at this stage for transfer of investigation. 

Submissions on behalf of the Union government 

ASG Y.J Dastoor appearing for the Union government informed the Court that the CFSL team from Delhi will be arriving in Kolkata today evening and will then proceed to the scene of the crime. Furthermore, it was averred that 6 CRPF personnel have been directed to provide security to the CFSL team arriving from Delhi. 

The ASG also referred to Section 6 of the National Investigation Agency Act, 2008 to submit that if the State government is aware of the commission of any of the Scheduled offences then the State government is supposed to forward the concerned report to the Central Government as expeditiously as possible.

Background

On the last date of hearing, the Court had directed the State government to immediately install CCTV cameras with adequate storage facilities covering all angles of the scene of the crime in the presence of the District Judge, Purba Bhurdawan. The Central Forensic Science Laboratory (CFSL) at Delhi had also been directed to visit the the scene of the crime and collect necessary evidence for forensic examination without any delay.

Extending police protection to the vulnerable witnesses, the Court had further directed, "Director General of Police and Inspector General of Police in consultation with District Judge, Purba Bardhaman district should ensure that witnesses are adequately protected and not threatened or influenced by anyone". The Court had further instructed that the status report ordered to be filed by the State investigating authorities must disclose whether video recording of the already concluded post mortem examinations of victims was done.

On Monday evening, Bhadu Sheikh, a TMC leader and a deputy pradhan in Bogtui village in West Bengal's Birbhum district was allegedly killed when four men on motorcycles hurled a crude bomb at him. Sheikh was taken to the government hospital in Rampurhat block, but died on the way.

Shortly after his death, violence broke out in Rampurhat when a mob allegedly locked up 10-12 houses with residents inside and set them on fire resulting in eight deaths, including that of women and children.

The police have filed two first information reports, one in connection with Sheikh's death and the second related to the attack on the houses. At least 22 people have been arrested so far in connection with the violence. Eleven of them were held on the day of the incident only.

Taking cognisance of the violence, the State government has formed a Special Investigation Team (SIT) headed by the additional director general of police (CID), Gyanwant Singh, to probe the incident. The Sub Divisional Police Officer and in-charge of Rampurhat police station has also been removed from active policing duty.

The incident has led to a a war of words between the TMC and the BJP. The issue also resulted in BJP MLAs staging a walkout inside the West Bengal Legislative Assembly.

Describing the death of eight people at Rampurhat as horrific, West Bengal Governor Jagdeep Dhankhar on Tuesday said it indicates that the state is in the grip of a culture of "violence and lawlessness". Calling upon the police to deal with the matter professionally, the Governor said that he has asked the state chief secretary to send him an update on the incident urgently.

According to reports, Chief Minister Mamata Banerjee on Thursday met the families of the victims and announced Rs 2 lakh compensation for rebuilding the scorched homes. Promising jobs to ten families affected by the violence, Banerjee added that she would ensure "speedy justice".

Case Title: The Court on its own Motion In re: The Brutal Incident of Bogtui Village, Rampurhat, Birbhum