Fifteen years after the murder of a TMC worker in Left Front-ruled West Bengal, and 12 years after the family of the victim had filed a petition for a CBI probe, the Calcutta High Court on Thursday directed the central agency to investigate the case, saying it was not satisfied with the investigation conducted so far by the police and CID.
Justice Tirthankar Ghosh ordered the CBI to probe the murder of TMC worker Rabin Ghosh, who was shot dead allegedly by a police officer during local body polls in Jangipara in Hooghly district on February 14, 2010.
It is alleged that the then Officer-in-Charge of Jangipara Police Station, Tapasbrati Chakraborty, shot Ghosh with his service revolver.
Ghosh’s relative had approached the Sub-Divisional Police Officer (Serampore) to get the FIR registered against the OC after Jangipara police station allegedly refused to do so. The SDPO directed Jangipara police station to register the FIR, and the local Circle Inspector, a subordinate of the accused OC, was made the Investigating Officer (IO) in the case.
Lawyers of Ghosh’s family said that during the course of the investigation, the accused OC remained in his post and was superior to the IO.
A year later, the IO submitted a chargesheet in the case in which no one was named.
The family then filed petitions in the High Court as well as a local court, seeking transfer of the case to either the CBI or the CID (Criminal Investigation Department) of West Bengal Police.
While the High Court then disposed of the writ petition, saying that the lower court is already seized of the matter, the lower court in 2011 ordered the CID to probe the case.
Two years later, when Ghosh’s family found no progress in the CID probe, they moved the Calcutta High Court again in 2013, seeking a CBI probe.
With the petition moving from one bench to another, the single bench of Justice Tirthankar Ghosh on Thursday ordered a CBI probe into the matter.
“…in the interest of justice, a further investigation is warranted. The petitioner, who has tragically lost her husband, has yet to receive any clarity regarding the cause of his death. The manner in which the investigation has been conducted has failed to satisfy this Court,” the Bench said in its order.
“It is pertinent to note that the Investigating Officers, at successive stages, sought to undermine the ocular testimony by invoking conflicting expert opinions as a means to shield Respondent No. 10 ( Tapasbrati Chakraborty),” the Bench said.
“In light of the petitioner’s relentless pursuit of justice spanning 15 years, coupled with the fact that the accusations are squarely levelled against a designated police officer, this Court, notwithstanding the submission of three reports, remains unconvinced and dissatisfied with the manner in which the investigation has been conducted,” it added.
The High Court directed DIG (Special), CID, who lastly conducted the investigation, to hand over the case records, original diaries, materials collected, and alamats to the officer of the CBI entrusted with the task. “The Zonal Director of the CBI shall allocate the investigation to an officer in the rank of Additional Superintendent of Police and shall ensure that the case is diligently monitored so that the truth is unearthed,” the court ordered.