CBI files FIR in Bengal killings as Calcutta HC tells it to take over probe – Hindustan Times

Kolkata News

The Central Bureau of Investigation (CBI) on Friday registered a first information report (FIR) into the Birbhum killings, hours after it was directed by the Calcutta high court to take over the case.

According to officials familiar with the matter, the case was registered under sections 302 (murder), 326 (attack dangerous weapons), 435 (damage to property by fire), 436 (destroy house by fire) and 449 (house trespass to commit crime), among others, of Indian Penal Code.

While a team of CBI sleuths from Kolkata left for Rampurhat for investigation, some officers from Delhi are also expected to arrive to assist in the case. A team of experts from the Central Forensic Science Laboratory also visited the spot, to collect samples, and is likely to be joined by their colleagues in Delhi.

The central agency’s move came after the Calcutta high court directed it to take over the case and sought a progress report on April 7.

Observing that the Birbhum massacre has “shaken the conscience of the society”, the high court disregarded the state government’s objections and also declined to stay the order so as to give time to the state to appeal the decision.

Eight people, including two children, were charred to death when huts were set ablaze in Bogtui village late on Monday evening, in what is suspected to be the violent fallout of the murder of a ruling TMC panchayat official Bhadu Sheikh. Four people, who sustained burn injuries, are undergoing treatment at a state-run hospital in Rampurhat.

The incident, which is believed to have been caused by an ongoing feud between two rival groups belonging to the TMC and triggered a massive political row across the state, was being probed by a special investigation team (SIT) formed by the West Bengal government on Tuesday.

On Wednesday, the high court took suo moto cognizance of the incident, and also some public interest litigations (PILs) seeking an independent probe into the matter and sought a detailed report from the state by 2 pm on Thursday. It reserved its judgment on Thursday.

In its order on Friday, a division bench headed by Chief Justice Prakash Shrivastava said: “In the interest of justice and to instil confidence in society, and to have fair investigation to dig out the truth, it is necessary to hand over the investigation of the case to CBI.”

“We find that the undisputed shocking incident of burning of at least eight persons… has shaken the conscience of the society. It has a nationwide ramification,” it added.

Seeking full cooperation from the state, the court said the state government will not just hand over case papers to the federal investigation agency but also the accused and suspects who have been arrested.

Chief minister Mamata Banerjee had visited the affected village on Thursday and ordered the arrest of all suspects, including her party colleagues. Hours later, police arrested a local TMC leader, Anarul Hossain, after Banerjee claimed that he did not pay proper attention to the apprehension of locals about a possible disturbance in the area, leading to the carnage. At least 21 people have been arrested so far. The officer-in-charge of the local police was suspended.

The court also expressed dissatisfaction over SIT’s progress on the case. “We find that though the SIT was constituted on March 22, 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 is very near to the spot of the incident, the police did not reach on time and persons trapped inside the houses kept on burning,” it said.

“On minute examination of the case diary, we are of the opinion that the investigation as expected, keeping in view the gravity of the offence, has not been done. We are not mentioning the details of lacuna noticed in the investigation as it may prejudice the rights of the parties. We also find that this is one such exceptional case where requisite direction is required,” it added.

West Bengal advocate general S N Mookherjee verbally sought a stay on the order, but the court rejected his request, saying “we find no reason to grant the prayer”.

While opposition parties welcomed the high court’s order, they said it would have been better if the probe is a court-monitored one.

“Everyone wanted a CBI probe. People have lost faith in the state government. Earlier too, the state had formed multiple SITs to probe cases but the truth never came out. Now that the CBI has been handed over the case, we hope that they will uncover the truth,” BJP national vice president Dilip Ghosh said.

“Along with other petitioners, the Congress too had demanded a court-monitored CBI probe. I wholeheartedly thank the court for ordering a CBI probe… The people have no faith in the state police,” Congress leader in Lok Sabha, Adhir Ranjan Chowdhury, said.

The CPI-M said the probe should be monitored by the court.

“We have been saying from day one that the SIT was formed to tamper with evidence and to suppress the case. If police needs to wait for the chief minister’s orders to arrest a TMC block president, then how can people have faith in the SIT? What the SIT does for the state, CBI does for the Centre. Hence, it should be a court-monitored CBI probe,” CPIM leader Sujan Chakraborty said.

Mafiza Bibi, a relative of Fatik Sheikh from whose house seven charred bodies were recovered, also welcomed the high court order. “We want justice. We want the guilty to be punished. Our family has been ruined,” she said.

Former Supreme Court justice and former chairman of the West Bengal Human Rights Commission A K Ganguly also hit out at the Mamata Banerjee-led administration.

“A TMC block chief was arrested only after the chief minister ordered. This proves that the police are not impartial. Until the time political parties can’t do away with goons and henchmen, it would be difficult to stop such events. The chief minister is ordering a special state-wide drive to recover illegal arms. What was she doing all these days?” he asked.

The ruling Trinamool Congress (TMC) said it would cooperate with the central agency.

“The TMC will cooperate with CBI and shall not oppose it. But if there is an effort to suppress the larger conspiracy, if efforts are made to save the BJP, if CBI comes out of the purview of the case on the instructions of the BJP to serve political vendetta, then we shall not sit silent and there will be mass protests,” TMC spokesperson Kunal Ghosh said.

“ The BJP is using various sections for their political purpose. Why was no CBI probe ordered in other cases, including Delhi riots, Hathras (gangrape and murder), Unnao (rape case) and Lakhimpur Kheri? CBI doesn’t take action against BJP leaders named in FIRs. In the past, CBI has failed in many cases, including theft of Nobel Prize of Rabindranath Tagore, the Tapas Malik murder case in Singur and the Nandigram massacre,” he added.

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Source: https://www.hindustantimes.com/india-news/cbifiles-fir-in-bengal-killings-as-calcutta-high-court-tells-it-to-take-over-probe-101648231767263.html