The bench comprising justices Jayanta Biswas and I C Das observed that there was no reason for further probe while setting aside the order of Justice Harish Tandon who had ordered a CBI probe into the murder.
The division bench observed that there was no real deficiency in the investigation by the special investigation team (SIT), which had been earlier formed by a single bench.
The division bench, however, today observed that there cannot be any substitute to evidence and that mere hunch cannot be the basis of any decision.
In his judgement, Justice Tandon had been critical of the role of the state DGP for having given a clean chit to political leaders who were accused of making inflammatory speeches a few days before the murder of Sagar Ghosh, who fought and won as an Independent in the 2013 panchayat polls after being denied a ticket by the ruling TMC.
He had also observed that it was not expected that the DGP would share a report with any officer or the government pleader when the court was monitoring the progress of the case.
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