HC directs disciplinary action against police officers for ‘evidence tampering’, cancels bail of accused

Kolkata: In a case where the wife of an IAS officer was allegedly sexually abused while the police “tampered” with the victim’s complaint “in collusion with the accused”, Calcutta High Court, on Friday, transferred the case to deputy commissioner of Women Police, Lalbazar, cancelled the bail of the accused, and ordered the city police commissioner to take disciplinary action against several police officers.

Transferring the case, the Bench of Justice Rajarshi Bharadwaj, in its judgement, directed that the Deputy Commissioner of Women Police, Lalbazar will now act as the investigation officer (IO) while the present IO will hand over all documents and case diary within three days.

The high court, using its power conferred under Article 226 of the Constitution, cancelled both the bail and the anticipatory bail of the accused granted by the lower court. The police authorities were directed to take necessary steps in this regard.

The court directed the Commissioner of Police, Kolkata to take disciplinary action against certain police officers, including lady officers, for their “failure to follow procedural norms and for tampering with the complaint by necessary authorities emphasising the importance of strict adherence to the legal provisions designed to protect victims of sexual crimes, particularly concerning the recording of statements and the handling of complaints”.

The case dates to July 2024 wherein the victim was allegedly molested by the accused in front of her home but she managed to escape.

The accused allegedly entered her house the next morning, barged into her room with a gun and sexually abused her.