Lalan Sheikh death: NHRC takes suo moto cognizance, starts probe

kolkata: National Human Rights Commission (NHRC) has taken a suo moto cognizance of the death of Lalan Sheikh, the key accused in Bogtui arson case who died in the CBI custody, and started a probe.

On Monday Central Bureau of Investigation (CBI) informed the Calcutta High Court Division Bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj about it.

Two Public Interest Litigations (PIL) were filed at the Calcutta High Court appealing for a committee or a commission to be constituted to monitor the case. In another PIL it was appealed that CBI may investigate under the supervision of the court. CBI had also appealed for an investigation by any impartial agency.

Meanwhile, the Calcutta High Court on Monday reserved judgement on a PIL seeking the formation of a commission of enquiry headed by a judge to ascertain the cause of death of Lalan Sheikh, the main accused in a massacre of 10 people in Birbhum district's Bogtui village, in CBI custody.

Petitioner Badrul Karim's lawyer Sabyasachi Chatterjee submitted that the Central Bureau of Investigation (CBI) was handed over the probe into the Bogtui massacre of March 21 from the CID on an order of this court and now the same state agency is probing the unnatural death of Lalan on December 12 in the central agency's custody.

He submitted that in view of these facts, a commission of enquiry headed by a high court judge be formed to ascertain the cause of death of Lalan.

A division bench comprising Chief Justice Prakash Shrivastava and Justice R Bharadwaj reserved judgement in the petition after hearing all the parties.The CBI counsel submitted that the FIR into the death of Lalan filed by his widow Reshma Bibi "smacks of mala fide" and also that it was not registered 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.

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.The Bengal government's counsel opposed the prayer for appointment of a commission, claiming that the Criminal Investigation Department (CID) is doing its duty and that law and order is a state subject.

He 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, the court directed that its probe, especially recording of statements and seizures, be videographed. Justice Sengupta had directed that no final report in the probe will be submitted by the investigators in the unnatural death of Lalan without the leave of this court.