KOLKATA: An FIR about a May 2016 custody death was finally lodged on Wednesday on Calcutta HC‘s intervention, eight years after a Barrackpore additional chief judicial magistrate had told the deceased’s mother’s that if “even for the sake of argument we assume that the deceased died as a result of torture by police while in custody, the same was caused by police personnel while in discharge of their official duties”, reports Saibal Sen.
The magistrate had added that it was “purely a matter of departmental enquiry and not to be covered by general criminal law of the land”. She had approached the ACJM‘s court seeking a probe under CrPC Section 156(3) where a judicial magistrate can direct a preliminary inquiry before ordering registration of an FIR in cases where no cognisable offence is made out. The HC criticised the ACJM’s failure to consider “nature of the allegations” and said he had rejected her plea “mechanically”. It said “such casual approach must always be deprecated.”
Right after the death of her son, Saumik Das, in police custody on May 18, 2016, Putul Das had made rounds of Noapara police station, had written to Barrackpore police commissioner, and had complained to the state human rights commission and the local MLA. All to no avail. She then went to the HC the same year.Her case came up for hearing in the HC on May 2 this year. On Wednesday, the HC directed the North 24 Parganas SP to register an FIR and appoint an officer of the rank of deputy SP to probe her complaint.
The magistrate had added that it was “purely a matter of departmental enquiry and not to be covered by general criminal law of the land”. She had approached the ACJM‘s court seeking a probe under CrPC Section 156(3) where a judicial magistrate can direct a preliminary inquiry before ordering registration of an FIR in cases where no cognisable offence is made out. The HC criticised the ACJM’s failure to consider “nature of the allegations” and said he had rejected her plea “mechanically”. It said “such casual approach must always be deprecated.”
Right after the death of her son, Saumik Das, in police custody on May 18, 2016, Putul Das had made rounds of Noapara police station, had written to Barrackpore police commissioner, and had complained to the state human rights commission and the local MLA. All to no avail. She then went to the HC the same year.Her case came up for hearing in the HC on May 2 this year. On Wednesday, the HC directed the North 24 Parganas SP to register an FIR and appoint an officer of the rank of deputy SP to probe her complaint.