HC stunned as SC-formed SIT outsources probe duty
Kolkata: Apparently stunned on finding that the Supreme Court-appointed Special Investigation Team (SIT), in the custodial torture case, has instead delegated the investigation charge to a police officer outside the team with no special training in dealing with cyber-crime, the Calcutta High Court has directed the SIT to conduct the probe themselves.
The SIT recently submitted a report at the bench of Justice Joymalya Bagchi and Justice Gaurang Kanth. On perusing it, the bench observed that the SIT has instead appointed Kakali Ghosh Kundu, inspector-in-charge, Women PS, Howrah Police Commissionerate as the investigating officer of the case who will conduct the probe under the guidance of the SIT members.
The court observed that the Apex Court bench had asked the SIT to take assistance of other police officers and not delegate the entire probe responsibility to an officer outside the team. “It appears SIT has delegated the investigation to a subordinate officer. Letter and spirit of the order of the Hon’ble Apex Court requires members of the SIT to conduct the investigation themselves. Other officers may assist the SIT members during investigation,” the court observed.
Since the crux of the case concerned circulation of hate speech, the court observed that the police officer to whom probe responsibility was delegated to does not possess special training in dealing with tracing of electronic evidence or cyber-crime.
The court noted that no substantial evidence was collected. Report only shows communication with forensic agencies for analysis of seized mobile phones, etc.
The SIT was directed to conduct the probe themselves and engage other police officers only for assistance.
The SIT members are Akash Magharia, DIG, Presidency Range; Sujata Kumari Veenapani, DCP, traffic, Howrah Police Commissionerate and Swati Bhangalia, SP, cybercrime, Bengal police. It was formed after the Apex Court stayed the High Court order for a CBI probe into the alleged custodial torture case.
