[BREAKING] Birbhum Massacre - Ensure Witnesses Are Protected, Install CCTV Cameras At Crime Scene : Calcutta High Court Directs [Read Order]

The Calcutta High Court on Wednesday, while adjudicating upon the suo moto petition related to the the incident of Rampurhat violence in Birbhum district directed the State government to immediately install CCTV cameras with adequate storage facilities covering all angles of the scene of the crime in the presence of the District Judge, Purba Bhurdawan. 

The Court further directed the Central Forensic Science Laboratory (CFSL) to visit the the scene of the crime and collect necessary evidence for forensic examination without any delay. 

The murder of a deputy pradhan in Bogtui village in West Bengal's Birbhum district on Monday evening led to at least eight houses in the area being attacked and set on fire, resulting in eight deaths, including that of women and children.  

The Court had earlier taken suo moto cognisance of the incident and agreed to hear it at 2pm today.

A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj on Wednesday observed that the suo moto petition has been registered to ensure that fair investigation takes place and those who are responsible for the incident are traced out and adequately punished by following due process of law. 

Declining the prayer for a probe by the Central Bureau of Investigation (CBI), the Court observed that an opportunity should first be granted to the State investigating authorities to produce the case diary and other relevant documents before the Court by 2pm tomorrow i.e. on March 24. 

"We at the first instance give an opportunity to the State to produce the case diary/ report about the investigation by tomorrow 2 PM. Report relating to investigation done until now to be produced by 2 PM on 24 March," the Court directed.

Extending police protection to the vulnerable witnesses, the Court further directed, 

"Director General of Police and Inspector General of Police in consultation with District Judge, Purba Bardhaman district should ensure that witnesses are adequately protected and not threatened or influenced by anyone"

Advocate General S.N Mookherjee apprised the Court during the hearing that the State investigating authorities had already finished conducting post-mortem of the victims. In this regard, the Court ordered that in case any post-mortem is conducted in the future, videography of the same should be done. 

Directing that the report that is to be filed must disclose whether video recording of the already concluded post mortem examination of victims was done, the Court averred,

"Postmortem has already been done. If any remains, then videography of the same should be done and in the report filed before the court it will be disclosed as to whether videography for all postmortems has been done or not"

The matter is listed for further hearing tomorrow i.e. on March 24. 

A Public Interest Litigation (PIL) petition was also filed on Tuesday seeking an investigation by either the Central Bureau of Investigation (CBI) or the National Investigation Agency (NIA) into the incident of Rampurhat violence. The PIL filed by advocate Anindya Kumar Das seeks a probe by either the CBI or the NIA by averring that a 'serious law and order problem' has been created at Rampurhat and that public at large is lying at the mercy of local goons as the State police authorities have failed to abate the ongoing violence.

Submissions on behalf of the petitioners

The counsel appearing for the petitioners apprised the Court that the only surviving eyewitness is a 14 year old boy and thus prayed before the Court to extend protection to him. It was further informed that the the other witness- a woman had already succumbed to her injuries. 

Furthermore, it was submitted that the Central Forensic Science Laboratory (CFSL) at Delhi should be directed to inspect the premises. It was also prayed that the Court should call upon the investigating authorities to produce the case diary and other confidential documents so that it can be determined whether investigation is being carried out in an impartial manner. 

Objection was also raised to the composition of the Special Investigating Team (SIT) constituted by the State government headed by ADG (CID) Gyanwant Singh to probe the matter. Accordingly, it was submitted that the investigation should be transferred to a Central investigating agency such as the Central Bureau of Investigation (CBI). 

It was further contended that post-mortem of victims should be conducted under video surveillance and that it should be conducted under the supervision of a District Judge. 

Submissions on behalf of the State government 

Advocate General S.N Mookherjee submitted before the Court that the incident is 'shocking and unfortunate' and should not have taken place. He further agreed with the submissions of the petitioners that protection should be extended immediately to the only surviving witness of the incident- a 14 year old minor. 

He further averred that the Court must call upon the investigating agencies to submit a report to apprise the Court about the steps taken in the investigation so far.

He however objected to the prayer made for transferring the investigation to an independent investigating agency by averring that such a prayer cannot be entertained at such an initial stage. It was submitted that the Court must first be satisfied that the State investigating authorities are incapable of conducting the probe before such a prayer is adhered to. Reliance was placed on the Supreme Court judgement in State Of West Bengal & Ors. Etc v. Sampat Lal & Ors in this regard. 

Background 

On Monday evening, Bhadu Sheikh, a TMC leader and a deputy pradhan in Bogtui village in West Bengal's Birbhum district was allegedly killed when four men on motorcycles hurled a crude bomb at him. Sheikh was taken to the government hospital in Rampurhat block, but died on the way.

Shortly after his death, violence broke out in Rampurhat when a mob allegedly locked up 10-12 houses with residents inside and set them on fire resulting in eight deaths, including that of women and children.

Reportedly, two FIRs have been filed – one over deputy pradhan Bhadu Sheikh's killing and the other over the attack on the houses. Eleven people have been arrested in the second case. 

Taking cognisance of the violence, the State government has formed a Special Investigation Team (SIT) headed by the additional director general of police (CID), Gyanwant Singh, to probe the incident. The Sub Divisional Police Officer and in-charge of Rampurhat police station has also been removed from active policing duty.

The incident has led to a a war of words between the TMC and the BJP. The issue also resulted in BJP MLAs staging a walkout inside the West Bengal Legislative Assembly.

Describing the death of eight people at Rampurhat as horrific, West Bengal Governor Jagdeep Dhankhar on Tuesday said it indicates that the state is in the grip of a culture of "violence and lawlessness". Calling upon the police to deal with the matter professionally, the Governor said that he has asked the state chief secretary to send him an update on the incident urgently.

According to reports, Chief Minister Mamata Banerjee is scheduled to visit the Birbhum district on Thursday. 

Case Title: The Court on its own Motion In re: The Brutal Incident of Bogtui Village, Rampurhat, Birbhum

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