Panchayat polls: Calcutta High Court retired judge to oversee State Police inquiry into alleged tampering of nomination documents

The Calcutta High Court on Monday overturned an earlier directive for a Central Bureau of Investigation (CBI) inquiry into allegations that an election officer had tampered with documents submitted by political candidates while filing for nominations during the West Bengal panchayat polls. [The District Magistrate of Howrah & Others Vs Kashmira Begam Khan & Others].Instead, the bench of Justices Arijit Banerjee and Apurba Sinha Ray has ordered the State police to hold an inquiry, under the supervision of retired Calcutta High Court judge, Justice Debi Prasad Dey.A report is to be filed before the single-judge after three weeks, the Court directed further..The order was pronounced this afternoon on an appeal filed by the District Magistrate of Howrah and three other officers (appellants) challenging a June 21 order passed by Justice Amrita Sinha, who had called for a CBI inquiry in the matter..“We have set aside portion of the order directing CBI investigation but we have directed the State police to hold an inquiry under the supervision of Justice Debi Prosad Dey … He has declined to accept any remuneration. He said that this assignment amounts to rendering social service in public interest. But the State will provide all logistic support,” Justice Arijit Banerjee informed..He added that, in the opinion of the bench, this was not a case that called for a CBI inquiry. "CBI is the top investigating agency of the country. Its hands are full with issues involving national interest including security of the nation. It should not be over burdened with directions to investigate matters which can be handled at the State level," the Court reasoned, in its order. In response to queries by the counsel present, the judges also informed that the Court had not delved in detail into the question of whether CBI inquiries can be sought for every administrative lapse. .“However, these allegations have been made of infringement of Constitutional rights of the writ petitioners. Some inquiry is necessary and we have full confidence in the State police. Justice must not only be done, but also be seen to be done. Therefore, to dispel any public perception or apprehension of the writ petitioners that fair and impartial inquiry may not be held, we have requested Justice Debi Dey to act as a one-man commission to supervise. That is it,” Justice Banerjee orally informed. .The Court added that it has only set aside the portion of the single-judge order that directed a CBI inquiry, and that other directions concerning the preservation of video footage etc. will remain in effect..[Read Order]