BADRUL KARIM Vs. UNION OF INDIA

JUDGEMENT

(1.) In this public interest petition, the main prayer of the petitioner is to appoint a sitting Judge of this Court under the Commissions of Inquiry Act, 1952 to inquire into the incident of unnatural death of Bara Lalan Sk.

(2.) The plea raised by the petitioner is that on 22nd of March, 2022 at village Bogtui on the outskirt of Rampurhat, Birbhum, incident of arson and bomb blast had taken place, therefore, this Court in WPA (P) 130 of 2022 in "The Court on its own Motion, In re: The Brutal Incident of Bogtui Village, Rampurhat, Birbhum" had handed over the investigation to the CBI by order dated 25th of March, 2022. Bara Lalan Sk., prime accused of the Bogtui incident, arrested by the CBI has suffered unnatural death on 12th of December, 2022 at night while he was in CBI custody. Hence, the present PIL has been filed with several prayers.

(3.) Submission of learned counsel for the petitioner is that the main incident of Bogtui is being investigated by CBI and there is a conflict between the CID and the CBI, therefore, independent inquiry by a sitting Judge of this Court under the Commission of Inquiry Act, 1952 is necessary. He submits that the State investigating agency is attempting to destroy the evidence and it has implicated even the CBI officers investigating the cattle scam. Alternatively, he has submitted that the investigation should be done by the CBI officers not involved in the incident.