The Calcutta High Court in the case Priyanka Das vs. State of West Bengal observed while transferring probe in the case of corruption which is filed against IPS Officer Somenath Bhattacharyya to the CID from Barrackpore Commissionerate. Thus, the court ordered action against two senior officers of the Detective department for alleged custodial torture of a co-accused, wherein the court while granting bail to the co-accused Kaustav Das after the State in the case admitted that he may have been tortured in course of police custody.
The bench headed by Justice Rajasekhar Mantha in the case observed and has stated that the CID, West Bengal shall consider registering an FIR against the respondent no. 4 and respondent no. 5 and on 21.03.2023, the Medical Officer of Jagadish Chandra Bose General Hospital signed the fitness certificate of Kaustav Das.
It has also been stated by the court that the criminal proceedings initiated shall not in any way, in order to prevent the Commissioner of Police, Barrackpore from initiating the departmental proceedings which are initiated against any of the erring officials.
Facts of the Case:
The court registered a case in the year 2021 against Bhattacharyya. Last month, the court arrested co-accused Kaustav by the officials of the detective department. Thus, the plea was filed by Kaustav’s wife Priyanka in the court wherein it is alleged that her husband has been tortured in custody. It is also stated in the fitness certificate that there were no external injuries on his body and he is clinically fit, the ACJM, wherein the court noticed that several bruise marks on his body. Therefore, the magistrate in the case declined the police custody and Kaustav was remanded to judicial custody.
The court stated that the CID, West Bengal is to conclude the investigation as expeditiously as possible and the same is to be done preferably within a period of two months which being from the date of receipt of the case diary.
Further, it has been stated by the court that the sufficiently senior and experienced officer is nominated by the CID, West Bengal in order to conduct the investigation.
