Bengal govt SIT to continue probe into student activist death, rules Cal HC

Kolkata: The Calcutta High Court on Tuesday directed that a special investigation team (SIT) constituted by the West Bengal government in the death of student leader Anis Khan will continue its probe in the case, refusing a prayer by his father for handing over the inquiry to an independent agency.

The court directed the SIT to submit charge sheet in the case expeditiously and asked the sessions court to conclude the trial within six months from commencement.

Salem Khan had moved the high court seeking transfer of the investigation into the death of his son Anish after a fall from the third floor of his residence at Amta in Howrah district in police presence to the CBI or any other agency except the state police.

"This court is of the view that there is no need for transfer of investigation to any third agency. The prayer for transfer of investigation to the CBI is refused," Justice Rajasekhar Mantha ordered.

The court said that the SIT itself has implicated some police officials in its investigation report, finding fault with the manner and conduct of the raid at the Khan residence.

"The petitioner's apprehension that the accused police officers would be shielded by the police is therefore devoid of merit," Justice Mantha observed.

He said that merely because some police officers are involved, there is no need for apprehending impropriety in the investigation or the trial as the SIT comprises "very highly ranked police personnel".

Following a hue and cry over the death of Anis Khan on February 19, the state government formed the SIT headed by the Additional Director General of Police (CID) and comprising two other senior IPS officers.

A home guard and a civic volunteer, who had allegedly gone to the second floor of Khan's house looking for him, were arrested by the SIT and charged under Section 304A (causing death by negligence) of the IPC.

Alleging that his son was murdered by men wearing khaki and civic volunteer uniform, Salem Khan had moved the court praying for an order for an investigation into the death by CBI or an impartial agency which is not connected with the West Bengal police.

His lawyer Bikash Bhattacharya had claimed before the court that Anis Khan had been brutally assaulted by four people, of whom one was in police uniform and the other three in civic volunteer dress, and thrown over from the third floor of his home on the night of February 19.

The state had submitted before the court that the post-mortem examination reports of Anis Khan's body indicate that his death was accidental and not homicidal as alleged by his father.

Two post-mortem examinations were conducted on the body of Khan, the second being on an order of the court.