'Slow & Directionless Investigation': Calcutta High Court Orders IPS Led SIT To Probe Into Alleged Dowry Death Of 25-Yrs-Old Rasika Jain

The Calcutta High Court on Tuesday ordered the setting up of a special investigating team (SIT) to investigate the death of a 25-year-old woman Rasika Jain, who had fallen from the third-floor terrace of her in-law's house in February 2021, following which her family members complained of foul play.

They moved the High Court claiming that the police were not properly pursuing the case and prayed for the court's intervention.

Justice Shampa Sarkar opined that the investigation into the case by the State police authorities has been 'slow and directionless' and further underscored, 

"Having considered the graveness of the allegations, the social position of the parties and the unfortunate events which led to the death of the young lady and especially in view of the delay which has occurred in the interregnum period, this Court is of the view that the investigation ought to have been conducted in a more speedy and systematic manner. It has been rather slow and directionless. The offences relate to dowry death and crime against women. It has a huge social impact."

The Court further averred that in view of the gravity of the offences, a Special Investigating Team consisting of senior and experienced police officers should be constituted.

Directing the special commissioner of police, Kolkata, Damayanti Sen to set up the SIT within seven days and start the investigation, the Court ordered, 

"The Court directs Smt. Damayanti Sen, Special Commissioner of Police (II), Kolkata Police, to constitute her own team of competent officers to take over the investigation. At least a team of five officers must be constituted."

The instant plea had been moved by the father of the deceased victim who had got married to one Kushal Agarwal on February 9, 2020. It was alleged that there were instances when the deceased had met her parents and had intimated them about the alleged physical and mental torture inflicted by her husband and the alleged debauchery the husband had indulged in.

Thereafter, on February 16, 2021, the petitioner had received a call from the mother-in-law of the deceased, informing him that his daughter had fallen from the terrace of her matrimonial home and was taken to Woodlands Hospital. The victim succumbed her injuries on the same day. A whatsapp message was received by the petitioner. 

During the proceedings, it had been contended that the investigating agency has failed and neglected to proceed with the investigation with the judiciousness, seriousness, expedition and sensitivity which this case deserved. It was further alleged that no report has yet been obtained from the Central Forensic Science Laboratory at Bhopal and that the Sub-Inspector who is the investigating officer, is under tremendous pressure.

Directing the SIT to expeditiously probe the case with independence and effectiveness, the Court observed, 

"It is expected that the team shall be constituted within a week from the date of communication of this order and immediate steps shall be taken to proceed with the investigation, with the independence and the effectiveness that is required. One and a half years have already passed, without much development."

Accordingly, the Court directed the SIT to submit its status report indicating the development and the progress of the case on the next date of hearing which is slated to take place on August 12. 

Case Title: Mahendra Kumar Jain v. The State of West Bengal & Ors

Case Citation: 2022 LiveLaw (Cal) 243

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