'Investigation Is Being Misdirected': Calcutta HC Takes Suo Moto Cognisance Of Alleged Misappropriation Of Amphan Relief Materials

The Calcutta High Court last week took suo moto cognisance of alleged misappropriation of relief material pertaining to Amphan 2020. The Court was adjudicating upon a Public Interest Litigation (PIL) petition filed by one Swapan Kumar Karmakar alleging embezzlement of government sanctioned Amphan related relief material.

In the instant case, an authorised truck containing the logo of the Government of West Bengal, Disaster Management Civil & Defence Department had been intercepted by the police authorities and subsequently Amphan cyclone related relief material was recovered by the police authorities.

A Bench comprising Acting Chief Justice Rajesh Bindal and Justice Rajarshi Bharadwaj took on record the investigation report filed by the Officer-in-Charge, Matia Police Station of Basirhat Police District, North 24-Parganas dated September 26, 2021. However, the Bench expressed dissatisfaction at the inadequate investigation conducted by the police authorities.

Furthermore, the Advocate General apprised the Court that pursuant to the investigation carried out, it was found that no misappropriation of relief material had taken place and that the government sanctioned relief material had reached the concerned beneficiaries.

Expressing strong reservations against such a submission, the Bench observed,

"This does not satisfy the Court as the individual sale of material by the beneficiaries will not be found loaded in trucks in large number. Apparently the investigation is being misdirected to close the same or save some persons, who are involved in the crime."

It was also pointed out to the Court that the petitioner does not wish to pursue the instant case any further. The Court noted that the petitioner had failed to make an appearance before the Court during the last three hearings. 

Objecting to the conduct of the petitioner, the Court further remarked, 

"We do not find any good reason why the petitioner after filing the writ petition raising serious issues of misappropriation of the relief material, has stopped appearance in Court."

Observing that it is a fit case to initiate suo moto proceedings, the Court observed, 

"We cannot leave the case as such where allegations are serious in nature. The FIR suggests that there was misappropriation of the relief material pertaining to Amphan-2020. We treat this petition as suo motu taken up by the Court."

Advocate Uday Sankar Chattopadhyay was directed to assist the Court as the Amicus Curiae. 

The matter is slated to be heard next on November 22. 

Case Title: Swapan Kumar Karmakar v. State of West Bengal and Ors

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Also Read: Calcutta High Court Orders CAG Audit Of Amphan Relief Amid Allegations Of Corruption & Irregularities In Relief Distribution Work