Bogtui Carnage Case : Supreme Court Issues Notice On CBI's Challenge To Calcutta HC Ordering SIT Probe Into Custodial Death Of Accused

A Division Bench of the Supreme Court issued notice in an appeal filed by the CBI against the Calcutta High Court’s order transferring the investigation of the alleged suicide of Lalan Sheikh, the prime accused in Bogtui Carnage Case, to a Special Investigation Team (SIT) headed by Dr. Pranav Kumar, an IPS Officer. Sheikh died in December 2022 while he was in CBI custody allegedly due to suicide.

During the hearing, Justice Sanjiv Khanna pressed upon the seriousness of the issue and the need for fair investigation. “Neither tilted on this side neither tilted on that side,” he stated.

After hearing Additional Solicitor General SV Raju, appearing for the petitioner/ CBI, the Court relisted the matter in a week commencing October 30^th and further, in its order, also expressed its inclination to include one more officer in the SIT.

“We have issued notice as prima facie we are inclined to induct on more person in the SIT constituted by the HC in the impugned judgment,” bench of Justices Sanjiv Khanna and S.V.N. Bhati ordered.

Before the High Court, the CBI had filed an application under Article 226 of the Constitution of India, praying for direction for transfer of investigation in the alleged suicide of Sheikh from State CID to the central agency itself or to any other independent agency.

However, the High Court through its judgment declined to involve CBI in the further investigation of the instant case, observing, “Afterall, justice should not only be done, but should be shown to have been done”.

Factual Background

It may be recalled that the violence in Birbhum’s Bogtui village took place following the alleged murder of Bhadu Sheikh, a panchayat leader of the ruling Trinamool Congress. He died after miscreants allegedly hurled bombs at him on March 21, 2022.

Hours later, violence erupted and several houses, including two belonging to the men accused of Sheikh’s murder, were allegedly attacked and set on fire resulting in ten deaths, including that of women and children.

Taking cognisance of the violence, the State government had formed a SIT headed by the additional director general of police (CID), Gyanwant Singh, to probe the incident. However, subsequently, the investigation was handed over to the CBI pursuant to the directions of the Calcutta High Court on March 25, 2022.

During the course of investigation, CBI arrested 16 of accused persons and filed a charge sheet and a supplementary charge sheet against 26 in all. In the further investigations, Lalan Sheikh, earlier absconding, was arrested.

Sheikh allegedly committed suicide on December 12, 2022 while he was in CBI custody after his visit to village in Bogtui where his house was situated. An FIR under Sections 448, 323, 325, 302, 385, 386, 509, 427, 120(B) was registered against officers of the CBI on the complaint of the wife of Sheikh.

Impugned Order

The High Court had noted that in order to instil confidence in all and for securing the ends of justice, further investigation of the case should be done by a fresh set of investigators. It further recorded:

“The death having taken place in the custody of the CBI cannot be the only reason not to transfer the investigation to them as so many such deaths in the custody of the State Police are investigated by them. But, this is also not a case where investigating officers from other States have to be involved. Among other things, it would cause more delay and logistical hurdles.”

“However, regardless of the CBI’s strong conviction about their innocence, it is quite strange the CBI had chosen to be a co-applicant in an application for quashing of proceeding along with some co-accused officers. So, it would also not seem proper to involve them in the further investigation of the instant case at least at this stage. Afterall, justice should not only be done, but should be shown to have been done.”

In the aforenoted background, the High Court directed a Court-monitored investigation by a SIT constituted by the police officers of the State. Imperatively, the SIT was ordered to not report the State and was directed to file its regular reports before the jurisdictional Court/Magistrate.

Case Title: Central Bureau Of Investigation v. The State Of West Bengal And Anr. Diary No. 35059-2023