Calcutta HC division bench sets aside single bench's order to transfer case of woman's death to CBI

A division bench of the Calcutta High Court on Wednesday set aside an order by a single bench directing the CBI to investigate the death of a woman in Raniganj whose brother had accused her husband and in-laws of foul play.

Setting aside the order, the division bench comprising Chief Justice T B N Radhakrishnan and Justice Arijit Banerjee observed that this is not a fit case where the investigation should be directed to be transferred from the state police to the Central Bureau of Investigation (CBI).

The division bench noted that chargesheet has been filed in the case of Pushpa Bhalotia's death and that the writ petitioner contends that it is designed to protect the accused person.

 

The writ petitioner has enumerated certain alleged defects and deficiencies in the process of investigation, the court noted.

The court also directed that writ petitioner Gopal Kumar Agarwal, the brother of the deceased woman, will be at liberty to approach the magistrate, before whom the trial is to be held in the case, to bring to his notice alleged defects and deficiencies in the process of investigation.

The bench directed that the magistrate may consider directing the police to conduct further investigation in the matter as may be deemed fit and proper for unveiling the truth and, if necessary, supplementary charge-sheet may be directed to be filed by the state CID, which was investigating the case.

Agarwal had alleged that the state police machinery was investigating in a manner to shield the accused, Manoj Bhalotia, who is Pushpa's husband.

While setting aside the single bench order, the division bench observed that just because some allegations are made against the state police, the investigation should not be directed to be so transferred, except in a case of national importance or where specific substantive allegations are made against high authorities in the state police administration, or where it is clearly demonstrated that the investigation has been carried out in such a manner as would not instil public confidence.

The state investigating agency should not be substituted by an independent agency like CBI for merely asking, the bench observed.

The West Bengal director general of police had moved an appeal before the division bench against the single bench order of February 7, 2019, which had directed the state CID to hand over the investigation in the case to the CBI, observing that there were differences between the post-mortem report and the state CID's conclusion of the reason behind her demise.

The victim, 39-year-old Pushpa, was found with burn injuries and was taken to a private hospital in Durgapur where she succumbed on October 5, 2017.

Her husband Manoj was then arrested in this connection. He was later granted bail by a court.

Prima facie, it was a case of suicide, according to the CID. The post-mortem report had said she could have died of a bullet injury, apart from the burn injuries.

Questioning how she could shoot herself and then set herself afire or vice versa, Pushpa's brother had filed a murder case against her husband and his family members.