W.P. 1170 (W), 1172 (W) and 1181 (W) of 2011. Case: In Re: Bar Association High Court at Kolkata and Anr. Vs. High Court of Calcutta (India)
| Case Number | W.P. 1170 (W), 1172 (W) and 1181 (W) of 2011 |
| Counsel | For Appellant: Sukhendu Sekhar Roy, Somenath Bose, Ashok Banerjee, Uttam Mazumder, Shakeel Md. Akhtar, Jaydip Banerjee, Arijit Ganguly, Swagata Dutta, Arindam Sen, Sanjoy Bardhan, Anirnesh Bhattacherjee, Mousumi Biswas, Gargi Roy Biswas and Hiranlal Majumder, Advs. in W.P. 1170 (W)/11, Kalyan Bandyopadhyay, Pratik Prakash Banerjee, Anisur ... |
| Judges | J.N. Patel, C.J. and Asim Kumar Roy, J. |
| Issue | Criminal Law |
| Citation | 2011 (1) CALLT 518 (HC), 2011 (4) CHN 736 |
| Judgement Date | February 18, 2011 |
| Court | High Court of Calcutta (India) |
Judgment:
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Heard the learned Counsel for the Petitioner, learned Additional Solicitor General and learned Advocate General.
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The Supplementary affidavit tendered today be taken on record.
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Pursuant to our direction, learned Advocate General has placed before us the case diary of the investigation concerned with Lalgarh Police Station Case No. 4 of 2011 dated 7th January, 2011.
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We have gone through the two progress reports tendered by the State Government in the matter of investigation carried out by the State CID and have perused the case diary.
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We find that in course of investigation the police has been able to arrest the suspects, namely Subhendu Mondal and Naba Gopal Sanki at the very first instance of the incident dated 7h January, 2011 at 20-15 hours after the first information report came to be registered in the case. Subsequently on 14th February, 2011 they have been able to arrest two more suspects who are named in the first information report, namely Abani Bhusan Singh and Aswini Chalak.
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After going through the progress reports and the case diary, we find that though the investigating agency is well aware of the fact' that armed cadres were placed in camps at Netai village in the house of Rathin Dandapat and also in a camp at Birkar village in the house of Indrajit Das, at the time the villagers have assembled in front of the house of Rathin Dandapat and protested from serving the members of the armed cadres housed in the camp and refused to depute certain persons of the village by way of recruitment for joining the armed cadre and for their training and considering the situation armed cadres from Birkar camp were summoned to assist the armed cadres at Netai camp and it is at this stage some members of the armed cadres at Netai went to the roof top and started firing at the villagers which resulted in killing of 9 persons and causing injuries to several other villagers.
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The investigation also discloses that Abani Bhusan Singh, a member of the local committee, was instrumental in organizing the camp at Netai, where 20 persons armed with weapons were camping on the first floor of the house. It has also come on record that these two armed camps i.e. one at Netai and the other at Birkar were organized by the members of the local committee of C.P.I. (M.) Party of which one of the accused Jaydev Giri is the Secretary.
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The investigating agency even after arrest of Abani Bhusan Singh and Aswini Chalak have failed to collect...
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