Calcutta High Court recalls CID order against nine cops in custodial abuse
Kolkata: The Calcutta High Court has recalled its earlier direction asking the CID, West Bengal to initiate major disciplinary proceedings against nine West Bengal Police officers over allegations of false implication and custodial abuse of a man arrested in multiple criminal cases, including under the NDPS Act.
Justice Jay Sengupta allowed review petitions challenging the June 12, 2023, order, which had directed the CID to conduct major penalty proceedings against nine respondents in a writ petition. The petitioner alleged he was falsely implicated in several cases and subjected to custodial abuse; many of those cases ended in acquittal, discharge, or bail.
The court examined whether the officers had been properly served before disciplinary action was ordered and found serious infirmities. Though notices were sent, service was incomplete in several instances; some were returned as officers had been transferred or had left the addresses mentioned. At least two review applicants were not served, and in other cases, there was no proper recording of satisfaction regarding service. Yet the earlier order recorded that the respondents failed to act despite service.
Justice Sengupta held this was an error apparent on the face of the record and a determining factor in directing departmental proceedings. The court said the writ petitioner ought to have disclosed that service was incomplete and that such non-disclosure went to the root of the matter.
The petitioner had cited dismissal of an earlier review by a coordinate Bench. The court noted that dismissal was by a non-speaking order without reasons and thus not a binding precedent. A Division Bench had granted liberty to one officer to pursue review.
The court also recorded that in one NDPS case, the trial court had found no material to show the accused was a victim of conspiracy, and that finding was not challenged. Justice Sengupta observed that an investigating agency cannot face disciplinary proceedings merely because a prosecution ends in acquittal, especially where there is a judicial finding negating conspiracy. Arrests had been authorised by competent courts, remand orders passed, and charges framed — relevant factors not placed earlier as the officers’ opportunity had been closed.
The court further held that the CID is not the disciplinary authority for the nine officers, who belong to different ranks of the West Bengal Police and are not under its administrative control; the competent authority would be the state government.
The court directed that the writ petition will now be heard afresh by the appropriate Bench and interim orders, if any, stand vacated.
