Murder Of Congress Councillor Tapan Kandu| Calcutta HC Directs Police To File Case Diary & Status Report, Grants Police Protection To Nephew

The Calcutta High Court on Tuesday directed the Superintendent of Police, Purulia to submit the case diary and a brief status report pertaining to the investigation into the death of former Congress councillor of Jhalda Municipality in Purulia, Tapan Kandu who was reportedly shot dead by miscreants a fortnight ago.

According to reports, Congress councillor Tapan Kandu and TMC's Anupam Dutta were shot dead on March 13 in separate incidents in Jhalda area of Purulia and Panihati in North 24 Parganas, respectively.

Some motorcycle-borne persons had reportedly shot Tapan dead when he had gone for a walk near his residence last Sunday.A Special Investigation Team (SIT) has also been constituted to probe the murder of Tapan Kandu with the help of the crime investigation department (CID). 

Justice Rajasekhar Mantha was adjudicating upon a plea moved by the widow of the deceased Councillor seeking a CBI probe on the ground that no progress in the investigation has been made by the State investigating authorities. 

The Court on Tuesday observed that it is prima facie of the opinion that the Jhalda police authorities have violated the decision of the Supreme Court in Lalita Kumari v. Govt. Of U.P. & Ors by refusing to prompt file an FIR against the concerned accused persons. 

"This Court prima facie finds that the Jhalda Police might have been in violation of the dicta of the Supreme Courtin the case of Lalita Kumari vs. Govt. Of U.P. & Ors reported in (2014) 2 SCC 1. However, unless the progress of investigation is ascertained, it would be premature to form any opinion on the main prayer made in the writ petition for transfer of the investigation from the State Police to CBI", the Court observed. 

The Court also extended police protection to the nephew (petitioner no. 2) of the deceased Councillor after noting that he had also been continuously receiving threats from the Officer-in-Charge, Jhalda Police Station to compel the deceased Councillor to join the ruling party.

"The Officer-in-Charge, Jhalda Police Station shall ensure appropriate security to the petitioner no.2 immediately", the Court ordered. 

The Court further ordered the Superintendent of Police, Purulia to submit the case diary and the status report on the next date of hearing which is slated to take place on April 1, 2022 at 3:30 pm. 

"The Superintendent of Police, Purulia shall produce the case diary and submit a brief report as regards the investigation conducted till now. Let this matter stand adjourned and be listed on April 1, 2022 at 3.30 p.m", the Court ordered. 

During the proceedings, the petitioners had alleged that the deceased was being regularly coerced and threatened by the OC, Jhalda P.S. into joining the TMC to enable the latter to form the Jhalda Municipal Board. However, the deceased had refused to yield to such pressure.

It was further contended that on March 13, 2022, when the deceased was on an evening walk, some assailants shot him down with bullets. He was severely injured and fell down close to a police naka/check post. It was further submitted that despite being in proximity, police personnel present in the naka did not take the deceased to the hospital. He died immediately thereafter.

The petitioner further contended that when she had gone to lodge a complaint with the police authorities at Jhalda Police Station, it was declined. She later on went to the Superintendent of Police and lodged a complaint, which was kept for consideration. In the meantime, the Jhalda Police registered an FIR against unknown persons in this matter. This was objected to on the ground that since the petitioner had herself named the accused persons in her complaint, the police should have named the accused persons when registering the FIR.

Pertinently, it was argued that since the Officer-in-Charge of the concerned Police Station was trying to intimidate the deceased into joining the TMC, it is unlikely that the State Administration and the police would allow a fair investigation to be conducted.

Case Title: Purnima Kandu & Anr v. State of West Bengal 

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