The Calcutta High Court on Wednesday directed the National Investigation Agency (NIA) to probe into an incident of firing and bombing at Darivit High School in the Islampur block of Uttar Dinajpur district in West Bengal on September 20, 2018, in which two youths lost their lives.
“Although the petitioners have prayed for the transfer of investigation to the CBI, in view of the findings recorded above, this Court is of the view that the NIA would be the proper authority to investigate into the matter. A Writ Court under Article 226 can mould relief based on the facts and findings of a case,” Justice Rajasekhar Mantha of Calcutta High Court said in the order.
Justice Mantha, in his order, said the investigation carried out by CID, West Bengal “...to say the least, is inadequate and could be otherwise within the expression [perfunctory]”.
The court observed that “the CID may have had serious inhibitions in having to investigate any conspiracy angle that may have led to blaming any police officials for having fired any weapon, or any higher police official ordering such firing into a mob without provocation, at the instance of any person or persons in power”.
The court, while ordering NIA investigation, took note of the chargesheet filed by the police where it is mentioned that mobs attacked using bombs during the agitation. “Given the fact that the police mentioned in the chargesheet about the mobs attacking with bombs during the agitation, the first and foremost action from their end would have been to inform the Central Government, Ministry of Home Affairs about the same, so that the matter could be considered or be sent to the National Investigation Agency (NIA),” the court order said.
Kin welcome order
The firing had claimed the lives of two youths, Tapas Barman and Rajesh Sarkar. The incident had sparked massive protests in Islampur and the family members had refused to conduct the final rites of the two and demanded CBI investigation into the violence. The family members of the deceased youths welcomed the order directing NIA investigation.
Leader of the Opposition Suvendu Adhikari welcomed the High Court order of NIA investigation “into the State-sponsored murder of Rajesh Sarkar and Tapas Barman, former students of Darivit High School in Uttar Dinajpur district. They were shot dead inside the school compound by Mamata Police on 20th September 2018 while protesting against the forceful Urdu imposition by the Mamata government. Truth will prevail, Bengali Language Martyrs; Rajesh and Tapas will finally get justice”.
A Division Bench of Acting Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya of Calcutta High Court on April 27 had directed the NIA to conduct an investigation into the violence during Ram Navami procession at Shibpur in Howrah, Dalkhola in Uttar Dinajpur and Rishra in Hooghly district.
