No coercive action against CBI in Rampurhat 'suicide'; probe to continue: Cal HC

Kolkata: The Calcutta High Court Wednesday directed the Bengal CID to desist from coercive action against CBI officials named in an FIR by the widow of Bogtui massacre accused Lalan Sheikh, who died recently in the central agency's custody, thus averting a possible confrontation between the state and Centre.

Allowing the state CID to continue its investigation on an FIR filed by Reshma Bibi into her husband Lalan's death in CBI's custody at Rampurhat, two days back, Justice Jay Sengupta directed that the state detectives' probe, specially the recording of statements and seizures, be videographed.

The court, on a prayer by the CBI, directed the CID not to take any coercive action against the central agency's officials till further orders. Justice Sengupta also directed that no final report in the probe will be submitted by the investigators in the unnatural death of Lalan without the leave of this court.

The interim protection to the CBI officials keeps at bay the possibility of a direct confrontation between the central and state probe agencies over the case.

The West Bengal CID on Wednesday booked seven CBI officers including a DIG and an SP in connection with its probe into the custodial death of Lalan Shiekh, a prime accused in the Bogtui violence.

The seven CBI officers have been booked on the charge of murder and other sections of the Indian Penal Code.

Sheikh was found hanging on Monday in the washroom of a temporary CBI office set up in a guest house at Rampurhat in West Bengal's Birbhum district. CBI officials claimed that he died by suicide while his family alleged that his death was a result of custodial torture.

Noting that the post mortem report produced by the state government states "violent mechanical asphyxia" as cause of Lalan's death, the judge said that he did not on any earlier occasion come across the expression "violent" in inquest reports.

Justice Sengupta said that the report also speaks of ligature marks and bruises on the body.

The court kept open the question of a second post mortem of the dead body. Holding that the complainant must be heard for adjudicating the CBI's application for transfer of the case from the state CID to NHRC's director general or to the CBI itself, the court said that she be given notice to be represented on Wednesday next, when the matter will be taken up for hearing again.

The widow in her complaint before the police at Birbhum district's Rampurhat police station alleged that her husband was murdered and named several CBI officials.

The police drew up an FIR on the basis of the complaint and the investigation in it was transferred by the state government to the CID from the local police station.

The judge, however, observed that it is uncanny to see the names of CBI officers probing other high profile cases in West Bengal and not connected to the Bogtui case being named in the FIR.

Moving the petition, CBI counsel DP Singh submitted that the FIR was too well-drafted for a rustic woman and questioned how officers probing cases other than the Bogtui massacre in Birbhum district were also named.

In a shocking reprisal to the murder of a ruling Trinamool Congress panchayat deputy chief Bhadu Sheikh, ten persons were charred to death after several houses were set ablaze in Bogtui on March 21.

The West Bengal government's lawyers questioned the maintainability of the petition since CBI has not made the state police or the complainant woman party in the petition. Lalan Sheikh was arrested by the CBI on December 3 and was in its custody for questioning on orders of a local court.

Submitting through the virtual mode, CBI counsel Singh prayed that no coercive steps be taken against the agency's officials and that the investigation be transferred from the state CID to the NHRC DG, who himself is a senior IPS officer, or to the central probe agency itself.

He stated that most CBI officials were in court when Lalan died on Monday allegedly by hanging himself using a 'gamcha' (local cotton towel) from the shower stand of a bathroom in the agency's temporary office at Rampurhat after having requested to take a bath.

Singh claimed that apart from CRPF personnel who are providing security there, only one CBI constable was present there. The incident allegedly took place after Lalan was taken to his in-laws' place in connection with the investigation.

Singh claimed that the FIR named the CBI officials, including two officers probing the coal and the cattle scams, with a motive to scuttle investigation in cases in which influential persons are accused.

Appearing for the state, Advocate General S N Mookerjee submitted that no overzealousness was displayed by the state police in registering the FIR as was claimed by the CBI counsel. He submitted that it is mandatory to file an FIR when the complaint was filed by the widow of the deceased.