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Calcutta HC suspends Kaliaganj case seat pending further orders

  • Calcutta High Court stays formation of SIT in Kaliaganj case, halting the order to include retired officers
  • State government opposes inclusion of retired officers in the investigation, citing Supreme Court order
  • Court reprimands SIT members, questioning their television interviews and hinting at pension implication

14 Jun 2023

Calcutta HC suspends Kaliaganj case seat pending further orders

In a significant development, the Calcutta High Court has put a stay on the order to form a special investigation team (SIT) in the Kaliaganj case. The division bench, led by Chief Justice TS Sivajnanam, issued the stay until further orders. This comes after Justice Rajashekhar Mantha had earlier ordered the formation of a single bench seat in the case, which included IPS Damayanti Sen and two retired officers, former state IG Pankaj Dutta and former CBI chief Upendranath Biswas.

However, the state government filed a petition opposing the inclusion of retired officers in the SIT, citing a Supreme Court order that prohibits retired police officers from conducting investigations, except in rare cases. The state's contention was that the inclusion of retired officers went against this order. They also expressed concerns about some SIT members giving television interviews and making complaints against the state.

During the court proceedings, the Advocate General representing the state argued that private investigations cannot be ordered in this manner, except in exceptional circumstances. The state informed the court about the allegations made against the two retired officers and requested that they not be involved in the investigation.

In response, the division bench of the Chief Justice sought clarification on who was being referred to and who was giving interviews on television. The court then reprimanded the SIT members verbally and even questioned if they should be directed to return their pensions.

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