Calcutta High Court Orders Magisterial Enquiry After Man Dies In Police Firing In Kaliyaganj

The Calcutta High Court has directed the State to conduct a Magisterial enquiry into the incident where a man named Mrityunjoy Barman died in police firing in Kaliyaganj. 

"State shall therefore cause a Magisterial enquiry which shall run parallel to the investigation by the C.I.D., West Bengal. Let a progress report of the investigation of the C.I.D., West Bengal be submitted on the adjourned date", Justice Rajasekhar Mantha observed.

The facts of the case are that when a Police party came to raid the Chandgao village under the Radhikapur Gram Panchayet, Mrityunjoy Barman was shot dead. The Police conducted inquest and post-mortem. According to the petitioner, the raid by the Police party was actually in retaliation and not in aid of investigation into an agitation conducted by the Rajbanshi Community before the I. C., Kaliyaganj Police Station and the S. P., Uttar Dinajpur District.

The petitioner had sought second post-mortem of deceased and a transfer of investigation to the CBI.

Senior Counsel for the State, Amal Kumar Sen, submitted that on the basis of the gravity and sensitivity of the incident, the investigation has been taken over by the CID, West Bengal. Advocates Krishnendu Bhattacharya and Lokenath Chatterjee appeared for the petitioner.

The Court noted that second post mortem was not warranted in the facts of the case at this stage.

The Court added "This Court, at this stage, is inclined to accept the submissions of the learned counsel for the petitioner that a Magisterial enquiry may have been warranted in terms of the dicta of the Supreme Court in the case of People’s Union for Civil Liberties and another Vs. State of Maharashtra and others reported in AIR 2015 SC (Supp) 1659."

Thus the Court directed the State to conduct Magisterial enquiry into the incident. The Court has posted the matter to May 12 for further consideration. 

Cause Title- Mrinal Kanti Barman v. State of West Bengal & Ors.

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