HC slams cops, lower court, helps woman file FIR 8 years after son’s custody death

Kolkata: A woman, whose 21-year-old son died in police custody eight years ago, was finally able to lodge an FIR on Wednesday after intervention by Calcutta High Court.
Right after her son's death in police lock-up in May 2016, Putul Das made several rounds of Noapara police station, wrote to Barrackpore police commissioner, state human rights panel and the local MLA, approached Barrackpore court but was turned down by it and moved Calcutta HC. Her case finally came up for hearing in the HC on May 2. On Wednesday, the HC directed the North 24 Parganas SP to register an FIR and appoint an officer of the rank of deputy SP to probe her complaint.
Justice Ajay Kumar Gupta was also critical of the Barrackpore judicial magistrate who had turned down her plea for a probe, saying, "Even, for the sake of argument, if we assume the deceased died as a result of torture by police personnel while in custody, the same was caused by the police personnel while in discharge of their official duties. Accordingly, it is purely a matter of departmental enquiry and not to be covered by general criminal law of the land." The HC said, "Such casual approach must always be deprecated." According to Putul's petition, her son, Saumik, was picked up by Noapara police on May 18, 2016 on charges of supplying marijuana. She visited the police station the same day to seek an arrest memo and meet her son but was denied both. Late at night she learnt her son had been taken to Bhatpara State General Hospital after falling ill. At the hospital she was told Saumik had died and that he had consumed carbolic acid in the police station toilet.
In his 30-page order, Justice Gupta said, "Time and again Supreme Court and high court have given direction to lodge FIR immediately on getting information regarding commission of a cognizable offence, the officer-in charge is bound to register the crime and cause enquiry or investigation. He cannot embark upon an enquiry as to whether the information given by the informant is reliable or genuine before registering the case."
The HC also directed the state DGP to take appropriate action to avoid a repeat of such incidents. "The petitioner is after all a mother, who has the right to know the reason of her son's death," it said.
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Despite not lodging an FIR in a complaint referring to a cognizable offence, the police put up a vigorous defence in the HC. It claimed police station CCTV proved Saumik had gone to the toilet on his own, his body bore no external injuries and the postmortem report said death was "due to ingestion of some corrosive substance". I also said an empty carbolic acid bottle was found in the toilet abd the death was reported to the judicial magistrate. A departmental enquiry was conducted against the Noapara IC, SI (investigating officer) and a lady constable (the sentry) and they were removed from their posts.
But Justice Gupta had some basic questions for the cops. The judge asked how the bottle of carbolic acid landed in the police station toilet. "What prompted him to consume acid? (There is) No report found anywhere that he was consuming ganja prior to his arrest. Postmortem report indicates the death was due to the ingestion of some corrosive substances as noted above anti-mortem in nature, but no viscera report had been collected till date to know the actual cause of death," he said. "Time and again the Supreme Court and High Court has given direction to lodge FIR immediately on getting information regarding commission of a cognizable offence, the officer-in charge is bound to register the crime and cause enquiry or investigation. He cannot embark upon an enquiry as to whether the information given by the informant is reliable or genuine before registering the case."Justice Gupta ordered, "Superintendent of Police, North 24- Parganas is directed to register the Complaint made under Section 156(3) of the CrPC as an FIR and cause thorough investigation by appointing an officer not below the rank of Deputy Superintendent of police. The DGP, West Bengal is directed to take appropriate action in order to avoid such contingencies in future."
EOM
What did it take to lodge an FIR?
Repeated complaints to Noapara police station since May 2016.
Complaint to the Barrackpore police commissioner in May 2016.
Complaint to the West Bengal Human Rights Commission chairperson in June 2016.
Complaint to the local MLA in June 2016.
Complaint to the court under 156 (3) CrPC in June 2016.
Moving the Calcutta high court in June 2016.
Her case was heard on May 2, 2024, in order to lodge an FIR issued on July 24, 2024.
What has the SC said?
Registration of FIR is mandatory, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation.

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