Birbhum killings: Cal HC asks Delhi CFSL to collect samples from site of incident, orders govt to file report

The Calcutta High Court on Wednesday directed Central Forensic Science Laboratory (CFSL) Delhi to immediately collect necessary materials for forensic examination at Bogtui village in Bengal's Birbhum district, where at least eight people were charred to death in the suspected fallout of a TMC panchayat official's murder.

The court asked the state government to produce the case diary/report in the case before it by 2 pm on Thursday, when the matter will be taken up for hearing again.

It directed the state to ensure that evidence at the place of occurrence remains intact.

A division bench headed by Chief Justice Prakash Shrivastava, taking up a suo motu petition and a set of PILs seeking an independent probe into the incident, ordered immediate installation of CCTV cameras covering all angles of the crime scene in the presence of district judge, Purba Bardhaman, and recordings be done until further orders.

The bench, also comprising Justice R Bharadwaj, directed a team of CFSL in Delhi to visit the place of incident and collect samples for examination without any delay.

It asked the DGP to ensure safety of witnesses, including that of a minor boy injured in the arson, in consultation with the district judge, Purba Bardhaman.

The bench directed that any further post- mortem examination of bodies connected to the incident be video recorded and asked the government to state in its report whether post-mortems done so far were videographed or not.

The court observed that suo motu petition has been registered to ensure fair investigation in the case, trace those who are responsible for the incident and adequately punish them. The petitioners in the PILs have prayed for a probe by the CBI or any other agency which is not controlled by the state and also prayed for protection of witnesses.

One of the petitioners' lawyer Rabishankar Chatterjee sought that a probe by the CBI be done under the supervision of the high court.

Claiming that residents of Bogtui were leaving the village out of fear, one petitioner prayed for direction to the police to take confidence-building measures.

Advocate general S N Mookherjee representing the state government opposed the prayer, stating an SIT was probing the matter and that there was no need to transfer the case to any other agency. He informed the court that 20 arrests have been made so far in connection with the incident.

Holding that what has happened is deplorable, Mookherjee said ''I am ashamed as a citizen of the state that such a thing has happened.'' Claiming that he is at a loss for words to comment on the incident, the AG said ''if I were from the area, I would have moved out for some days''.

Additional Solicitor General Y J Dastur, representing the central probe agency, submitted that the CBI is ready if an investigation by it is ordered by the court.

Praying for the investigation to be handed over to an independent agency, one of the petitioners' lawyer Kaustav Bagchi questioned how the DGP of West Bengal Police could say that there was no political connection in the matter and that it was owing to personal enmity even before the conclusion of the investigation.

Sabyasachi Chatterjee, lawyer for another petitioner, submitted that people were being prevented from going to Bogtui.

The Chief Justice said for protection and preservation of evidence, one should not visit the spot as investigation is going on.