Bogtui case | Calcutta HC rejects plea for enquiry into Lalan Sheikh's death by sitting judge

A division bench dismissed the petition holding that no case has been made out for the appointment of a commission of enquiry headed by a sitting judge.

The Calcutta High Court on Wednesday dismissed a petition seeking the appointment of a sitting judge to enquire into the death of Lalan Sheikh, the main accused in the Bogtui massacre case, in CBI custody.

Petitioner Badrul Sheikh stated that the CBI was handed over investigation into the Bogtui massacre of March 21 from the CID on an order of the High Court and now the same state agency is probing the unnatural death of Lalan on December 12 in the central agency's custody.

His lawyer submitted that in view of these facts, a commission of enquiry headed by a sitting high court judge be formed to ascertain the cause of Lalan's death.

A division bench comprising Chief Justice Prakash Shrivastava and Justice R. Bharadwaj dismissed the petition holding that no case has been made out for the appointment of a commission of enquiry headed by a sitting judge.

Lalan's body was found hanging from a shower stand in a toilet of the temporary CBI office at Rampurhat, the nearest town from Bogtui, set up to investigate the March 21 massacre.

During arguments on the petition on December 19, the CBI counsel had submitted that the FIR into the death of Lalan by his widow Reshma Bibi smacks of mala fide and also that it was not filed in a proper manner.

Submitting that the National Human Rights Commission (NHRC) has already taken cognisance of Lalan's death, he prayed that the CID investigation, which was initiated on the FIR by the widow of the deceased, be stayed.