Amal Naryan Biswas v. Chief Secretary, State of W. B.
2002-11-15
G.B.PATTANAIK, K.G.BALAKRISHNAN, U.C.BANERJEE
body2002
DigiLaw.ai
ORDER : 1. This Writ Petition under Article 32 of the Constitution of India as well as the Transfer Petition from Calcutta High Court deal with one and the same question where a custodial death took place. It is stated to us today by Mr. Dwivedi appearing for the State of West Bengal that the State Government has already suspended the concerned DSP, who is facing the criminal trial. It was also stated that earlier for such conduct of the concerned officer he has not been promoted when promotion was considered to the higher post. The trial is now pending before the concerned Sessions Judge. A grievance was made by the counsel appearing for the transferred Writ Petitioner that due importance is not being given to the report of the State Human Rights Commission, which had thoroughly enquired into the matter. We make it clear that, in the event, in course of trial materials come, which require any other person other than the accused persons to be tried, then the provisions of Section 319 of the Code of Criminal Procedure takes care of that situation. In that view of the matter, we see no justification at this stage to issue any direction in regard to the report of the State Human Rights Commission. 2. In a matter like this, it would be in the interest of justice that the criminal prosecution should proceed on a regular basis day-to-day and the prosecution must produce its witnesses before the concerned Sessions Judge. Learned Advocate General is present in Court and assures us that there will be no laches on the part of the prosecution in prosecuting the matter with right earnest. The Amicus Curiae before us prayed for further guidelines to be given in relation to a custodial death, but we do not see any justification for issuing any further guidelines in the matter. 3. This Writ Petition and the Transfer Petition stand disposed of accordingly.