The Calcutta High Court on Wednesday dismissed a petition seeking the appointment of a sitting judge to enquire into the death of Lalan Sheikh, the main accused in the Bogtui massacre case, in CBI custody.
Petitioner Badrul Sheikh stated that the CBI was handed over investigation into the Bogtui massacre of March 21 from the CID on an order of the High Court and now the same state agency is probing the unnatural death of Lalan on December 12 in the central agency's custody.
His lawyer submitted that in view of these facts, a commission of enquiry headed by a sitting high court judge be formed to ascertain the cause of Lalan's death.
A division bench comprising Chief Justice Prakash Shrivastava and Justice R. Bharadwaj dismissed the petition holding that no case has been made out for the appointment of a commission of enquiry headed by a sitting judge.
Lalan's body was found hanging from a shower stand in a toilet of the temporary CBI office at Rampurhat, the nearest town from Bogtui, set up to investigate the March 21 massacre.
During arguments on the petition on December 19, the CBI counsel had submitted that the FIR into the death of Lalan by his widow Reshma Bibi smacks of mala fide and also that it was not filed in a proper manner.
Submitting that the National Human Rights Commission (NHRC) has already taken cognisance of Lalan's death, he prayed that the CID investigation, which was initiated on the FIR by the widow of the deceased, be stayed.
The West Bengal government's counsel opposed the prayer for appointment of a commission, claiming that the CID is doing its duty and that law and order is a state subject.
He had also submitted that a single bench of the high court, in an order on December 14, did not stay the CID investigation into Lalan's death.
Justice Jay Sengupta, on a prayer by the CBI, had on December 14 directed the CID not to take any coercive action against the central agency's officials till further orders.
Allowing the state CID to continue its investigation on an FIR filed by Reshma Bibi into her husband Lalan's death, the court directed that its probe, especially the recording of statements and seizures, be videographed.
Lalan was arrested by the CBI on December 3 and was in its custody for questioning on orders of a local court in Birbhum.
In a shocking reprisal to the murder of TMC panchayat deputy chief Bhadu Sheikh, ten persons were charred to death inside eight houses that were set ablaze in Bogtui on March 21.
