LI Network
Published on: 18 September 2023 at 11:35 IST
The Calcutta High Court has imposed fine of ₹5 lakh on the West Bengal Criminal Investigation Department (CID) for failing to adhere to a court order directing the transfer of a case to the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) [Case: Kalpana Das Sarkar & Ors v State & Ors].
Justice Abhijit Gangopadhyay firmly rejected the CID’s plea seeking a recall of Court’s order, issued on August 24, which mandated the State agency to transfer the investigation to the central investigative authorities.
The High Court expressed its displeasure with the CID’s actions, stating that the agency seemed to be “toying with the court,” and characterized the plea for recall as “completely baseless.”
Justice Gangopadhyay remarked, “CID has filed the recall application. I do not know why. This shows that none of the papers and documents related to the CID’s investigation has been handed over to the CBI and ED. CID is playing with the court. The application has been affirmed by one officer of CID. Why CID is so insistent on not handing over the investigation to CBI and ED? Is CID apprehensive of uncovering something that has been concealed from the public eye?”
The Court emphatically stated that the CID had no legitimate reason to file such an application. According to CID reports, the society had a membership of 21,163 individuals.
The petitioners contended that the deposited funds exceeded ₹50 crores and were subsequently loaned to various borrowers even after nearly three years of investigation by the CID, the identities of these borrowers have not been disclosed.
“The borrowers received the money but never repaid it. Consequently, the organization could not refund the money to its members, including the petitioners, when it was needed. Despite nearly three years of investigation, the CID has failed to unearth any significant details in this matter,” the Court had noted in its August 24 order when transferring the investigation to the CBI and ED.
Subsequently, the CID filed a recall application, which has now been dismissed by the Court. In addition to dismissing the application, the Court ordered the CID to pay a penalty of ₹5 lakh to the High Court Legal Service Authority by September 22.
Furthermore, while rejecting the plea, the Court directed the CBI and ED to initiate their investigations within three days. The Court’s order also instructed the CID to hand over all relevant documents and papers to the CBI and ED by September 18, 2023.
The matter is scheduled for its next hearing on September 18 at 3 pm, with Advocate Pretom Das representing the State.
