Calcutta High Court Constitutes SIT For Probe Into Bogtui Carnage-Accused Lalan Sheikh's Death In CBI Custody

The Calcutta High Court on Monday transferred the investigation of the alleged suicide of Lalan Sheikh, the prime accused in Bogtui Carnage Case, to a Special Investigation Team (SIT) headed by Dr. Pranav Kumar, an IPS Officer. The SIT shall not report to the State and shall file regular reports before the jurisdictional Court/Magistrate, the high court said.

“A custodial death is one of the most condemnable events in the annals administration of criminal justice. No less heinous would be an attempt to frame an innocent. The Court also has sympathy for the de facto complainant for she has lost her husband. Therefore, it is the bounden duty of this Court to ensure that a fair and effective investigation is carried out, truth prevails and justice is done to all concerned,” said the court

The violence in Birbhum’s Bogtui village took place following the alleged murder of Bhadu Sheikh, a panchayat leader of the ruling Trinamool Congress. He died after miscreants allegedly hurled bombs at him on March 21, 2022.

Hours later, violence erupted and several houses, including two belonging to the men accused of Sheikh’s murder, were allegedly attacked and set on fire resulting in ten deaths, including that of women and children.

Taking cognisance of the violence, the State government had formed a Special Investigation Team (SIT) headed by the additional director general of police (CID), Gyanwant Singh, to probe the incident. However, subsequently, the investigation was handed over to the CBI pursuant to the directions of the Calcutta High Court on March 25, 2022.

During the course of investigation, CBI arrested 16 of accused persons and filed a charge sheet and a supplementary charge sheet against 26 in all. In the further investigations, Lalan Sheikh, earlier absconding, was arrested.

Sheikh allegedly committed suicide on December 12, 2022 while he was in CBI custody after his visit to village in Bogtui where his house was situated. An FIR under Sections 448, 323, 325, 302, 385, 386, 509, 427, 120(B) was registered against officers of the CBI on the complaint of the wife of Sheikh.

The CBI filed an application under Article 226 of the Constitution of India, praying for direction for transfer of investigation in the alleged suicide of Sheikh from State CID to the central agency itself or to any other independent agency.

The court said West Bengal government had taken the death as an opportunity to discredit the CBI and settle scores with the agency, pressurize its officers and prevent them from discharging their duties.

"The family members of the complainant including the complainant and some police officers in the area were suspected to be part of commission of offences in the Bogtui Massacre Case. Complaints in this regard of pressure and threat to life were also being received by the petitioner from the villagers. The respondent no. 2 using the CID Cover, was threatening many witnesses of the case for falsely deposing against the CBI Officers, else they would be falsely implicated in cases of the CID,” the court said.

The Court further noted that the CBI has already initiated an inquiry into the cause of custodial death and suspended the officers holding charge.

“The quality and direction of the investigation done in the instant case by the present dispensation are not much different from the earlier one. Papers are galore in the case diary like three witnesses for the seizure of a lathi(stick). The case diary is replete with statements made by relatives, acquaintances and neighbours of the victim herein. But, the earnest request of the Court to give the best effort regardless of what might have gone on earlier seems to have gone unheard. The direction of the investigation remains one-track, thus smacking of an implicit bias. It lacks keeness in collecting the best evidence and is more bent on somehow countering the points that were being taken up by the petitioner and even the fallout of a purported disclosure made before this Court for whatever it was worth,” the court said.

It noticed the following "infractions" in the investigation done so far by the State Police:

(i) Non-examination of the doctor/s purportedly giving fit certificate to the victim immediately before the incident.

(ii) Non-examination of witnesses from the organization hosting the CBI camp, except for a formal purpose.

(iii) Failure to suo motu seize the records of the Hospital showing alleged discrepancy regarding the de facto complainant’s admission immediately after the point was raised by the petitioner.

(iv) Failure to explore the reason behind linking the CBI officer of the other case or the DIG, especially given the fact that the Investigating Agency has not reportedly found it necessary even to issue notice to them.

(v) Failure to provide any clue about the motive behind the alleged crime.

(vi) Sitting tight over the arguably flawed ‘opinion’ in the Post-Mortem Report by the earlier investigator and subsequently, simply accepting a similar report of the first medical Board. Such opinion goes to the root of the matter and may have a determining effect on the whole outcome of investigation.

The Court said regardless of the "CBI’s strong conviction" about their innocence, it is quite strange the agency had chosen to be a co-applicant in an application for quashing of proceeding along with some co-accused officers.

"So, it would also not seem proper to involve them in the further investigation of the instant case at least at this stage. Afterall, justice should not only be done, but should be shown to have been done,” it said.

The Court issued the following directions:

1. The Special Investigation Team shall be headed by an IPS officer of repute serving in the State namely, Dr. Pranav Kumar, presently posted as the Inspector General of Police, Swami Vivekananda State Police Academy, Barrackpore, West Bengal shall further investigate the present case. He shall be assisted, among others, by Shri Bireswar Chatterjee, the Officer-in-Charge, Homicide Section of the Detective Department, Kolkata Police. Dr. Kumar shall chose his team of other officers from the Kolkata Police and/or West Bengal Police for assisting him in investigation. However, the Team shall not include any officer who was earlier involved in the investigation of this case. The State shall extend full co-operation in this.
2. The Team shall be constituted within a week from this date and the present Investigating Agency shall hand over the case diary and other relevant materials to the Team at the earliest. Till such Special Investigation Team is formed, the present investigators shall not conduct any more investigation and can only take routine administrative steps.
3. The Special Investigation Team shall not report to the State and shall file regular reports before the jurisdictional Court/Magistrate. However, no report in final form shall be filed without the leave of this Court.
4. This Court shall monitor such investigation.
5. All steps taken during investigation shall be videographed.
6. The petitioner and the accused officers of the CBI shall co-operate with the investigation of the case in full measure.
7. The direction passed earlier not to take any coercive steps against the accused officers of the CBI shall continue until further orders. However, it is clarified that this does not amount to a blanket exemption from physical interrogation as opposed to virtual one.
8. After the Special Investigation Team takes over charge within a week from this date, it shall file a report to that effect before this Court.

The matter is again listed on May 15 for report by the Special Investigation Team.

Case Title: C.B.I. v. The State of West Bengal & Ors.

Coram: Justice Jay Sengupta

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