Considering the nature of duties and in the jurisdiction exercised by the deceased and considering the death of the deceased at the age of 52 years while in service, such an event cannot be taken lightly, irrespective of whether a writ petition had been filed or not. The writ petition has only added substance to the requirement of an in-depth investigation. The Court is therefore in requirement of a verifiable independent expert opinion on the results of the investigation collected so far.
SL-3 15.11.2019
Court No.1
KB/G.S.D
Calcutta High Court
In the Circuit Bench at Jalpaiguri
WPA 201 of 2019
CAN 1 of 2019
Jyotsna Roy -VS- State of West Bengal & Ors.
Appearance:
Mr. Arjun Chowdhury
… for the petitioner
Mr. Subir Kr. Saha
Mr. Bikramaditya Ghosh
… For the State
Mr. Samir Pal
… For the Respondent Nos. 2 and 6
Party/Parties is/are represented in the order/orders of their name/names as printed above in the cause title.
Abundant documents are placed on behalf of both the petitioner and the Investigating Officer, i.e. the State respondents, connected to the alleged cause of death of the writ petitioner.
This Court also notices the order of the Hon’ble Single Bench dated September 11, 2019 directing, inter alia, the Investigating Agency to file a complete Report on the investigation on November 5, 2019 before the Hon’ble Bench.
Today, Mr. Chowdhury, Learned Advocate, appears for the petitioner and assails the Report of the Investigating Officer of the Siliguri (T), GRP dated September 9, 2019 as filed before Court.
However, Mr. Ghosh, Learned State Counsel, points out that the Report dated September 9, 2019 has since been superseded by filing a Final Report under the Code of Criminal Procedure dated 14th November, 2019 again by the self-same Investigating Officer, without being able to draw a conclusion with regard to the investigation. This Court has also heard Mr. Pal, Learned Counsel, appearing for the RPF.
Considering the nature of duties and in the jurisdiction exercised by the deceased and considering the death of the deceased at the age of 52 years while in service, such an event cannot be taken lightly, irrespective of whether a writ petition had been filed or not. The writ petition has only added substance to the requirement of an in-depth investigation. The Court is therefore in requirement of a verifiable independent expert opinion on the results of the investigation collected so far.
For the above reasons, the parties and, particularly the petitioner, is permitted to revert to the Court with appropriate instructions on the next date.
Let this matter appear before the next available Circuit Bench, subject to its convenience, along with the connected application.
(SUBRATA TALUKDAR J. )
15.11.2019
Original order :
Jyotsna Roy -VS- State of West Bengal & Ors.[PDF]