Congress Councillor Tapan Kandu's Murder: State Files Appeal In Calcutta High Court Against Single Judge Order For CBI Probe

The State government on Thursday moved a Division Bench of the Calcutta High Court against the order for a CBI probe into the death of former Congress councillor of Jhalda Municipality in Purulia, Tapan Kandu who was reportedly shot dead by miscreants on March 13.

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.

Justice Rajasekhar Mantha in the impugned order had ordered for a CBI probe by opining that there is a need for instilling faith of the public at large and that given the gravity and politically sensitive nature of the crime the public needs to see that the Rule of Law is still alive and functioning.

On Thursday, the counsel appearing for the State government moved a Division Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj seeking for an early listing of the appeal so that the hearing could take place expeditiously. 

"At the very threshold, my Lords, there is some urgency", the counsel appearing for the State government submitted. On the contrary, the opposing counsel averred that there is no urgency in the matter and that adverse inferences had been drawn against the Inspector-In-Charge of the concerned police station which he alleged the State government was trying to protect. 

Pursuant to the submissions, the Chief Justice orally remarked, "Give the (mentioning) slip, we will consider".

The hearing of the appeal will most likely take place sometime next week. 

Impugned Order 

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. 

Pursuant to the perusal of the case diary as well as a further status report filed by the concerned police authorities, the Court had pointed out certain aspects of the investigation that were concerning.

The Court had noted that the accused Kolebar Singh was reportedly arrested in Jharkhand and thereafter remanded in custody by the appropriate Court in Purulia, West Bengal. The Court had stated that a transit remand to this effect has been omitted in the case diary. It had also been highlighted that the photographs of the site of occurrence had been taken 2 days after the date of incident apparently after the intervention of the CID, West Bengal.

Expressing deep concern, the Court had also noted that the Inspector-In-Charge of the Jhalda Police station, Sanjib Ghosh who is set to have facilitated the crime had not yet been taken into custody. The Court had observed that it is 'surprising' that the mobile phone of Ghosh has not yet been seized and that vital data may have been lost by now.

"It also appears that the person who is stated by the complainant to have facilitated the crime, i.e., the Inspector-in-Charge of the Jhalda Police Station, Sanjib Ghosh, has not been taken into custody as yet, and is still performing his duties. It is surprising to note that the mobile phone of the said Sanjib Ghosh has not been seized till date. Vital data may have been lost", the Court had ordered.

Justice Mantha had also objected to the fact that Purulia district police superintendent, S. Selvamurugan had held a press conference where he had given a clean chit to Ghosh by stating that the murder was a result of family feud. "This has been done while the investigation is still in progress and, final report is yet to be submitted" , the Court had opined.

The Court also took cognisance of the fact that the Purulia district police superintendent, S. Selvamurugan had been summoned by the Enforcement Directorate pertaining to the investigation relating to the coal scam case.

Thus, the investigation into the death of former Congress councillor of Jhalda Municipality in Purulia had been transferred to the CBI. 

Background

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

The Court had earlier taken on record a detailed report submitted by the Superintendent of Police, Purulia and also the case diary. The Court had also been informed that the SIT involving C.I.D., West Bengal has also joined the investigation and is overseeing the same.

The Court had earlier also 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.