PRATIM KUMAR SINGHA RAY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner being a practicing lawyer has taken out the instant public interest litigation, inter alia, praying that the investigation relating to the custodial death of one Sk. Nasiruddin at Dhaniakhali police station be handed over to Central Bureau of Investigation. Prayers have also been made for exhumation of the body of the victim and for holding of fresh inquest/post-mortem by an expert of Forensic Science of any medical college. Prayer has also been made for monetary compensation to the legal heirs of deceased Nasiruddin.

(2.) It has been averred in the petition that on 18th January, 2013 at about 21 hours Nasiruddin was taken into custody by police personnel attached to Dhaniakhali police station. It has been alleged in the petition that Nasiruddin was a member of All India Trinamool Congress Party and had internecine fights with the local MLA Smt. Ashima Patra. It is alleged that out of such political rivalry Nasiruddin was threatened by henchmen of the local MLA and on 26th August, 2013 in the night the local MLA along with her supporters had forcefully entered the house of Nasiruddin and had assaulted his family members and threatened them with dire consequences. This fact was reported to the Superintendent of Hooghly and the local police authorities. It is further alleged that a false case being Dhaniakhali P.S. Case No. 107 of 2012 under Sections 341, 325,326, 308, 379, 407, 506 and 34 I.P.C. was registered against Nasiruddin. Nasiruddin was enlarged on bail in connection with the said case.

(3.) Thereafter, it is alleged that on 18th January, 2013 while Nasiruddin was travelling in his mini truck 407, the police personnel attached to Dhaniakhali police station illegally detained him and brought him to the police station where he was mercilessly assaulted and as a result of such assault he succumbed to his injuries. It is alleged that the police personnel had acted at the behest of the aforesaid local MLA Smt. Ashima Patra.