Kolkata: A division bench of the Calcutta High Court on Wednesday set aside a single bench order for Central Bureau of Investigation (CBI) probe into the Parui murder case, in which a district Trinamool Congress leader is an accused in the killing of an independent panchayat member.
The bench comprising Justices Jayanta Biswas and IC Das observed that there was no reason for further probe while setting aside the order of Justice Harish Tandon who had ordered a CBI probe into the murder.
The division bench observed that there was no real deficiency in the investigation by the special investigation team (SIT), which had been earlier formed by a single bench.
Justice Tandon had on September 24 directed the CBI to probe the Parui murder case after holding that the entire probe by state agencies was tainted with extraneous interference.
The division bench, however, today observed that there cannot be any substitute to evidence and that mere hunch cannot be the basis of any decision.
In his judgement, Justice Tandon had been critical of the role of the state DGP for having given a clean chit to political leaders who were accused of making inflammatory speeches a few days before the murder of Sagar Ghosh, who fought and won as an Independent in the 2013 panchayat polls after being denied a ticket by the ruling TMC.
TMC Birbhum district president Anubrata Mondal and another district level leader were among 41 persons named in the FIR lodged by Ghosh's wife.
He had also observed that it was not expected that the DGP would share a report with any officer or the government pleader when the court was monitoring the progress of the case. The DGP had earlier told the court, which was displeased with the SIT submitting the charge sheet in the case before the sessions court in Suri without taking leave of the court, that it was filed without taking the leave of the court on advice from a government advocate.
Mondal was not named in that chargesheet. The court had asked the DGP, who was summoned before it on September 4, as to whether he did not feel that the inflammatory speeches and the subsequent murder were related.
The DGP had told the court that the two cases were unrelated and that a separate investigation was on in connection with the speeches.
Ghosh was shot at his home in Badnabagram village under Parui Police Station area in Birbhum's Kasba on the night of July 21, 2013, and succumbed to the injuries two days later.
The high court had ordered a CID probe into the murder after Ghosh's son Hridoy moved court seeking an independent probe into the matter upon claims that the district police was acting in a biased manner.
Later, displeased with the progress of the investigation by CID, the court had directed the formation of an SIT headed by the DGP to investigate the matter.