123 Kolkata: Calcutta High Court on Wednesday asked the state to apprise the court on whether an investigation in a custodial death case could be given to state authorities when a CBI probe was directed in a subsequent case arising from the same matter.
The wife of the deceased filed a case before Justice Tirthankar Ghosh, accusing Murutia police station of torturing her husband, leading to his death. She pleaded for an investigation by an independent agency. Meanwhile, the brother of the deceased was implicated by the police in a case. He was given anticipatory bail by the division bench.
During the hearing of that case, the division bench directed a CBI probe into whether it was a counterblast to the death of his brother. The state challenged this in Supreme Court which upheld the order for a CBI probe.
Justice Ghosh, hence, on Wednesday questioned whether while one probe was being conducted by CBI, the other could be given to state authorities. He cited the Sandip Ghosh case, where the court had made it clear that if CBI was looking into one case, the central agency should also be investigating a subsequent one.