Activist murder case falls apart

HOWRAH: A Howrah trial court on Saturday acquitted five accused in the 2011 murder of Trinamool Congress leader Tapan Dutta, noting that the CID investigation had failed to turn up any evidence against them. The victim’s family has already moved Calcutta high court for a CBI probe.
In the Trinamool regime, CID probes have often come under criticism from the judiciary, but this is the first time that a CID homicide investigation fell apart at the first testing point — a trial court.
The CID probe into Dutta’s murder floundered from the start. On Saturday Howrah fast-track judge Debabrata Mukherjee pointed out some glaring errors, especially how one of the key suspects branded by CID as a murderer was actually in Hooghly jail when Dutta was shot on May 6, 2011.
To make matters worse, CID submitted not one but two chargesheets to cover up its initial bungling. Handed the case just eight days before Mamata Banerjee took oath as chief minister, CID filed the first chargesheet on August 30, 2011, implicating 16 persons — including an ‘Arup Ray’.
Lest insinuations be cast on state agriculture marketing minister Arup Ray, CID hastily submitted a supplementary chargesheet on September 29, 2011, dropping several names — including ‘Arup Ray’ — and charging seven for murder, abetment, criminal conspiracy and illegally carrying firearms. The CID case did not stand up in court.
Among those acquitted are expelled Trinamool leader Sashti Gyne and his brother Asit. Two of the accused were never arrested, including Santosh Singh, the one CID accused of pulling the trigger.
Dutta’s wife Pratima has already moved Calcutta high court for a CBI probe. It is likely to come up for hearing on December 12 before Justice Dipankar Dutta.
Pratima said, “Today’s judgment vindicates what I had been claiming all along. The probe was politically motivated to shield a section of influential Trinamool leaders. CID was just a tool. The shots are being called from somewhere else. I keenly look ahead to the Calcutta high court judgment. I hope CBI is allowed to probe the case afresh. I am ready to fight my cause till Supreme Court. I have fought far too long to shy away from it now.”
Dutta — vice-president of Trinamool’s Bally-Jagachha block unit — was spearheading a movement to stop the filling up of the 750-acre wetland Jaipur Bill when he was killed. CID’s flip-flop was apparent from its two chargesheets. The first one talked of an enmity between Dutta and some Trinamool leaders over ash-filling of some canals for a realty project.
Dutta formed Jalabhumi Bachao Committee to prevent the filling up of ponds. Some Trinamool Congress leaders of the area, including a minister, tried to influence Dutta with money and other means but failed, said the original chargesheet. In the supplementary chargesheet filed on September 26, 2011, CID said “there is no evidence against some crucial persons, including the minister’’. The list of accused was whittled down to seven.
CID special public prosecutor Tarun Chatterjee wouldn’t say if they would challenge the acquittal in high court. Chatterjee said prime witness Babloo Srivastava’s refusal to identify the assailants in court dealt a severe blow to the case. Babloo, who filed the FIR, was riding pillion with Dutta when the attackers struck and had said he had seen the killers. Among those absconding is Babloo’s cousin Santosh. Of the 36 witnesses cited by CID, two turned hostile.
CID officers claimed Dutta’s kin — including Pratima — were “reluctant” to testify in court. Dutta’s brother Deepak had to be issued warrants by the trial court for him to appear, they say.
Pratima refutes this. “When this happened, the entire family was under tremendous pressure. Threats, intimidation and attacks were raining on me and my family members,” she said. Pratima had moved the trial court on Friday, pleading that since the high court will hear her CBI probe plea on December 12, a judgment can have a bearing on the HC case. The Howrah judge, however, didn’t concur with it.