Calcutta HC allows West Bengal CID to probe Lalan Sheikh's custodial death

KOLKATA: Calcutta High Court on Wednesday allowed the state CID to probe the custodial death of Lalan Sheikh until further orders, but directed that no coercive steps could be taken against the seven CBI officers named by Reshma Bibi, Lalan's widow, in her complaint lodged with the police on Tuesday.
Hours after the FIR was registered against seven of its officers, the CBI moved court pleading an urgent hearing to transfer the case to an "independent body", over which the state government had no control.
Lalan, the prime accused in the Bogtui carnage of March 21, in which several houses were set ablaze and 10 people died, was found hanging inside the toilet of a CBI camp office at Panthashree, Rampurhat, around 4.30pm on Monday. CBI officers had claimed it was a suicide. On Tuesday, in a three-page complaint lodged with the Rampurhat police, his widow, Reshma, called it "murder" in CBI custody, complaining that her late husband had been under severe "mental pressure" and subjected to "physical torture" in custody. She also said that a CBI investigator had asked for a Rs 50-lakh bribe from her to hush up the case.
Of the seven officers named by Reshma, two of them are senior officers - one a DIG and the other an SP.
Terming the death as "unfortunate", the court said the investigation, including questioning and seizures, must be videographed. It also disallowed the CID from filing a final probe report without its permission. The HC, which will hear the case again on December 21, directed CBI to add Reshma as a respondent, saying it was "absolutely imperative" that she be heard. The HC also said that the issue of a second postmortem was being "kept open" for the time being.
A number of bruises on Lalan thigh and legs, state tells HC
The postmortem report into Lalan Sheikh's death, submitted to Calcutta High Court on Wednesday, mentions that death was caused by "violent mechanical asphyxiation".
To a specific query by the HC, the state pointed out that there were a number of bruises on his thigh and legs. Lalan's widow, Reshma, had earlier alleged that his tongue had suffered cuts. CBI told the court that such an injury - caused by a protruded tongue, caught between clenched teeth - only proved it was a death by hanging.
After the CBI moved the HC asking for the probe to be taken away from the CID, the Bengal government questioned whether a police agency could sit silent if a complaint spelt out cognizable offences. It also alleged that the CBI spelt out mere apprehensions. State advocate-general S N Mookherjee also said the court decided to hear out all parties before taking a decision.
Justice Jay Sengupta, in his order, said: "It is uncanny indeed to see the names of the investigating officers of other high-profile cases being taken as names of accused in the present case. Even high-ranking officers of the CBI, like a DIG, have been named there, in a rather far-fetched manner." But the high court also added that it "may not be the ideal time to get into the details of the FIR".
CBI senior counsel D P Singh told the court that the day Lalan was found dead, he had undergone a medical check-up. There were no external injuries then. He was then taken to his in-laws' home for some seizures. Lalan, the counsel told HC, wanted to take a bath. He took a gamchha (towel) and stepped into the toilet, where he was found hanging. The investigating officers of the CBI were not present in the camp when the incident took place, as they were in court, the counsel said, adding that Lalan was being guarded by a CBI constable and a CRPF jawan. The CBI pointed out that the FIR named two CBI officers - Susanta Bhattacharya, investigating officer in the cattle smuggling case, and Swarup Dey - who were in no way connected to the Bogtui carnage or the Bhadu Sheikh murder case, which sparked it.
Government pleader Anirban Roy submitted that the complainant - Reshma - had asked for a CID investigation into the unnatural death. "The victim's feet were touching the ground, raising doubts over the suicide claim," the state submitted.
The CBI counsel pleaded that the state was being "hostile" to the CBI investigation into the "very sensitive cases" of Bengal, and trying to hamper the investigation by the central agency. The government pleader contested the CBI's claim. "The CBI has submitted a couple of reports in connection with the case. Nowhere has the CBI alleged non-cooperation from state agencies," Roy submitted.