Cal HC orders fresh probe by senior CID officer into death of four undertrials

Kolkata, Jan 30 (PTI) The Calcutta High Court on Thursday directed the additional Director General (ADG) of West Bengal CID to nominate an officer of higher rank than that of an inspector to hold a fresh investigation into the death of four undertrial prisoners in different police stations in South 24 Parganas district in 2023.

The court, however, said it is not inclined to transfer the investigation in the case to the CBI as prayed for by the petitioner, since the matter can be inquired into by a higher official of the state's Criminal Investigation Department (CID).

Holding that it is not satisfied with a report of the CID, prepared by an inspector in August 2023 on the death of the four undertrial prisoners, the court scrapped the said report.

The bench said the investigation has to be done by a senior officer of the CID since the allegation is against police officials.

A division bench presided by Chief Justice TS Sivagnanam directed the ADG, CID, to nominate an officer of higher rank than that of an inspector for holding a fresh investigation into the death of the four undertrial prisoners and proceed to take action in accordance with law.

The court said the officer nominated by the ADG should be "young and dynamic" and "will not be persuaded by any statements made earlier, but would conduct a dispassionate inquiry into the matter, regardless of the fact that there are allegations against the officers of the West Bengal police department.

The bench, also comprising Justice Hiranmay Bhattacharyya, directed that the investigation be completed within eight weeks and a report be filed before the appropriate court.

The petition was filed by the Association for Protection of Democratic Rights (APDR), praying for the handing over of the investigation to the CBI for an independent inquiry into the cause of death of the four undertrial prisoners in 2023.

The petitioner claimed that the cause of death of the four undertrials was unnatural and suspicious, alleging that they died on account of injuries inflicted upon them following their arrest by the police in different cases lodged at Baruipur, Maheshtala and Budge Budge police stations in South 24 Parganas district.

The court said after going through the report and submissions of the lawyers, it is of the prima facie view that the cause of death of the four was not owing to narcotic drug use by the accused persons as claimed in the said report.

The bench said the post mortem report clearly shows external injuries.

The state informed the court that it has paid compensation of Rs 5 lakh to the families of each of the deceased undertrial prisoners.

The bench also expressed hope that West Bengal's DGP will invite periodical reports from all the police stations in the state on installation and functionality of CCTV and recording devices.

It also directed the DGP to initiate disciplinary action against those officers not complying with such a directive. PTI AMR MNB