Anis Khan's Father Says SIT Report Declaring Death As Non-Homicidal 'Ridiculous', Calcutta High Court Seeks Objection Affidavit

The Calcutta High Court on Monday directed the father of deceased student leader Anis Khan to file an affidavit raising objections to the report filed by the Special Investigation Team (SIT) pertaining to the investigation into the death of student activist Anis Khan. 

Anish Khan was found dead at his home in Amta block in Howrah district in the early hours of Saturday, February 19, 2022 under mysterious circumstances.

The Court had earlier taken suo moto cognisance of the case after terming the incident as 'grave and shocking'. It had earlier turned down a prayer for a CBI probe and had allowed the State government-appointed SIT to continue with its probe but under the supervision of a Howrah district judge. The Court had also ordered for a second post mortem to be conducted by the SIT under the supervision of the Howrah district judge.

Justice Rajasekhar Mantha on the last date of hearing had taken on record a detailed 82-page report filed by the State government indicating the steps taken by the SIT towards the investigation. 

On Monday, senior advocate Bikash Ranjan Bhattacharya appearing for the petitioner apprised the Court that the SIT report can best be described as an enquiry report and is not an investigation report.

The senior counsel further objected to the findings of the SIT by submitting that it was 'ridiculous' to suggest that the death of Anis Khan was non-homicidal as has been stated in the report.

"It is also submitted that vital evidence of certain persons, which could have been elucidated in course of interrogation, has been recorded. It is also submitted that the circumstances under which the death of the victim is considered non- homicidal is extremely suspicious and ridiculous and there are other objections also raised", the Court recorded in the order. 

The Court opined that the State must be notified as to the exact grounds on which the investigation report is being challenged and accordingly directed the petitioner to file an affidavit seeking exception to the investigation report filed by the SIT within a period of 1 week. 

"Let a formal exception be taken on affidavit by Mr. Bhattacharya's client in respect of the investigation report and the same should be filed within a period of one week from date with prior service on the learned Advocate General", the Court directed. 

The matter is slated for further hearing on May 12. 

Background

Student activist Anish Khan was found dead at his home in Amta block in Howrah district in the early hours of Saturday, February 19, 2022. Khan's murder has also sparked a large-scale students' protest at the Aliah University of Kolkata, where he was enrolled in an integrated five-year-long Master of Business Administration (MBA) Course. Khan also played a pivotal role in the 137-day-long protest by Aliah University students against the state government's policies.

Alleging that four persons had come to their house on Friday night donning police and civic volunteer uniforms, Khan's father has claimed that his son was pushed off the third floor of their house in Amta. Khan's family has been demanding a CBI investigation into the death.

West Bengal Police had constituted a three-member SIT on Tuesday to probe the death of a student in Aliah University. The team is led by the Additional Director General of Police of CID Gyanwant Singh. According to the state government order, the SIT will submit its report within 15 days.

West Bengal Chief Minister Mamata Banerjee had given the direction for the constitution of an SIT after protests had erupted over the murder of Aliah University student Anis Khan.

Case Title: Salem Khan v. The State of West Bengal & Ors.

Click Here To Read/Download Order