Kolkata: The Calcutta High Court on Thursday directed that the investigation into the 11-year-old murder case of TMC leader Tapan Dutta be transferred to the CBI from the state CID.
It ordered that fresh trial in the case be completed within six months from the date of its commencement.
Dutta was shot dead on May 6, 2011 late in the evening for allegedly speaking up against illegal land filling and construction in Howrah district.
Maintaining that the victim may have been obstructing huge monetary and political gain that some persons were after, Justice Rajasekhar Mantha observed that fair and effective investigation may indeed open a can of worms or expose any likely role of influential persons.
"This Court directs that investigation and prosecution in the matter is to be transferred to the Central Bureau of Investigation forthwith," Justice Mantha said in his judgment.
He ruled that the CBI may, in its discretion, conduct further investigation, as it deems necessary. The CID, which had so far been probing the murder of Dutta, was told to forthwith hand over all the case papers and evidence collected.
Justice Mantha said change of the investigating and prosecuting agency in the case is necessary to instil faith in the family of the victim and the public at large. He stated that a comprehensive, honest, sincere and fair investigation is imperative and indispensable for an effective and fair prosecution as well as trial. Observing that investigation in the case by the CID has been perfunctory, the court said the petitioner's contentions and apprehensions about it have been vindicated.
Holding that the prosecutor in the case had earlier failed to place evidence before the trial court, which acquitted five accused in the case, Justice Mantha said that he is of the view that the prosecutor has not been able to adequately discharge his duties.
The state CID investigated the case and initially filed a chargesheet on August 13, 2011 against five persons — Subhas Bhowmick, Kartick Das, Ramesh Mahato, Sasti Gayen and Asit Gayen. Subsequently, a supplementary charge-sheet was submitted on September 26, 2011, against two more — Santosh Singh and one B Raju. Additional witnesses were also named. It was specifically mentioned that no charges have been framed against most of the persons named by Pratima Dutta, the victim's wife, in her written complaint.
The court noted that Dutta, who was a prominent member of ruling TMC, had started agitation against illegal filling up of a 750-acre wetland in the Bally-Jagacha area in Howrah.