MANASHI SINHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 8th April, 2003 passed by a learned Judge of the Writ Court by which the learned Judge was pleased to accept the conclusions and recommendations of One Man Committee and held that no separate enquiry is called for apart from the one done by the One Man Committee.

(2.) The writ petition was filed by Smt. Manashi Sinha, wife of late Abhijit Sinha, inter alia, praying for treating the letters of complaint dated 14th July, 2002 and 16th July, 2002 as FIR and to start a case under sections 120B/365/ 330/506 (ii)/306/448/551 and 455 of the IPC. The main prayer of the writ petitioner before this Court and also before the learned Judge of the Writ Court, is for a direction that this Hon'ble Court should pass an order directing the Central Bureau of Investigation to conduct an investigation in respect of the complaints made by Manashi about the alleged excesses committed by the Police Authorities, while arresting and interrogating her husband and which had led her husband to commit suicide.

(3.) The relevant facts of the case, which appear from the two complaints made by the appellant, Manashi Sinha, to the Inspector-in-Charge, Dum Dum Police Station are : Late Abhijit Sinha, Manashi's husband, was an Inspector of Central Excise and was posted at DD-I State Office at 2, St. Georges Gate Road, Kolkata. On 4th July, 2002 after attending his office, Abhijit Sinha came back in the evening and was staying at his residence. On the night of 4th- 5th' July, 2002 at about 1.00 O'clock while Manashi and her husband Abhijit were sleeping in their bedroom, about 15 to 20 persons, some of whom were in plain clothes and some of whom were in uniform carrying arms and ammunitions, came to their residence along with caretaker of the residence. After they rang the bell, Manashi and her husband opened the door. At that time, the persons, who were carrying weapons pointing out at Abhijit, asked him to open the locks of the collapsible gate. After the locks were opened, those persons entered the room and it is alleged that they forcibly dragged Abhijit from the room. Some of those persons entered inside the room and conducted a search into the house but did not get anything. As Abhijit was being taken forcibly out of the residence, Manashi raised the protest and asked for their identity and the ground for arresting Abhijit. Manashi also wanted to know from those officers where they are taking Abhijit. It is also stated in the complaint of Manashi that she wanted a copy of the Arrest Memo but the officers did not pay any heed to her request.