Birbhum case: Setback for Mamata as Calcutta HC doubts SIT's efficiency

HC observed the SIT has made no effective contribution to the probe

ITDC INDIA EPRESS/ITDC NEWS R The division bench of the Calcutta High Court headed by chief justice Prakash Srivastava on Friday ordered a CBI inquiry into the Rampurhat violence in which at least ten people were charred to death due to torching of houses. The deceased also include two children from the family of Bhadu Sheikh the TMC panchayat leader who was killed.

The West Bengal government is all set to move Supreme Court against the division bench order. But the HC not only doubted the efforts of the state government, but also the efficiency of the Special Investigation Team (SIT) formed by the state government through an order of director general of state police, Manoj Malviya. Malviya, who is camping in Birbhum, refused to comment when contacted.

The court observed, “The special investigation team is headed by Gyanwant Singh, IPS, additional director general of police, CID, West Bengal, but his independence and impartiality has been doubted by submitting that there was an allegation of murder of one Rizwanur Rahaman against him in the year 2007. Therefore, he was kept out of work till 2014 and that ED had also summoned him in relation to a coal smuggling scam of rupees one thousand three hundred crores. Though learned advocate general has submitted that in respect of the allegation of murder, no charge-sheet was filed against him but it remains undisputed that such an allegation was made against him.”

The HC has also observed that the SIT has made no progress since the investigation was ordered by the Mamata Banerjee government.

The division bench observed, “The case diary of the incident has been produced before us. We have minutely examined it. We find that though the SIT was constituted on 22.03.2022 but till now there is no effective contribution of the SIT in the investigation. It has been submitted that in spite of the fact that the police station very near to the sport of incident, the police did not reach on time an persons trapped inside the house were kept on burning. Counsel of the petitioners have pointed out the procedure which was required to be followed in investigation by using tower damping technology to ascertain the presence of accused on the spot, manner of collection of samples and seizures, the videography of the collection sample, recording of the evidence of the witnesses under section 161 and 164 of the CrPc (before magistrate), recording of dying declaration etc,” it said.

It further said: “On minute examination of case diary, we are of the opinion that the investigation as expected, keeping in view of gravity of the offense, has not been done. We are not mentioning in details the lacunae notices in investigation as it may prejudice the rights of the parties. We also find there is one exceptional case where requisite direction is required.”

Many TMC leaders are accused in the Rampurhat massacre which district TMC president Anubrata Mandol said was caused due to 'short-circuit'. This is the fifth major CBI probe the Banerjee-led government is facing and that too at a crucial time—just after the UP election when BJP is preparing for the 2024 elections. Mamata, too, is eyeing a central role.Many political observers felt that Ponzi scheme investigation, which is passing through a lull, would be now sped up. So will be the post poll violence case where the HC has sanctioned security for 303 victims in a rare order. Coal smuggling case is on and so is cattle smuggling case where the ED is also investigating the money laundering angle. Now the CBI investigation in Birbhum comes as a setback for Mamata.