The Calcutta High Court on Tuesday dismissed Trinamool Congress leader Anubrata Mondal’s appeal against the Central Bureau of Investigation (CBI) in connection with a notice served on him in a cattle smuggling case.
“Mere issuance of notice under Section 160 of the Cr.P.C. does not offend the fundamental right enshrined under Article 21,” a Division Bench of Chief Justice Prakash Srivastava and Justice Rajarshi Bharadwaj said. As per Section 160 of the Criminal Procedure Code a police officer investigating the case had the power to require attendance of witnesses of a case. Mr. Mondal, who is district president of Birbhum, had earlier approached a Single Judge Bench of the High Court seeking a reprieve from appearing before the CBI.
“In the present case, the appellant is not even an accused, hence, no error is found in the order of the learned Single Judge in refusing to exercise the discretion under Article 226 of the Constitution. The learned Single Judge has already clarified that dismissal of petition will not prejudice any other rights of the petitioner inter alia under Section 438 of the Cr.P.C [direction for grant of bail to person apprehending arrest.] ,” the order by the Division Bench said. The CBI had filed FIRs in 2020 in connection with cattle smuggling along the West Bengal and Bangladesh border. Several State government officials and local politicians have been named in the FIR.
Rampurhat massacre
The development comes at a time when the CBI is probing the Rampurhat massacre in Birbhum district on the direction of the Calcutta High Court. On Tuesday the CBI questioned the officer-in-charge of the Rampurhat police station, who was suspended after the violence on March 21, which claimed nine lives. The murder of a Trinamool Congress leader at Bogtui village triggered retaliatory violence in which nine persons were burnt to death.
