The Calcutta High Court has set aside a single bench order for the Central Bureau of Investigation (CBI) to probe into an allegation of tampering with documents and misrepresenting information provided in the nomination papers of two panchayat poll candidates in West Bengal’s Howrah district. A division bench of the court directed the state police to inquire into the matter under the supervision of a one-man commission of Justice (retd) Debiprosad Dey. The bench maintained that the court has full confidence in the state police and that justice must not only be done but also must be seen to be done. The police were directed by the division bench to file a report on the inquiry after three weeks before the single judge before whom the petition was initially moved. The two petitioners – Kashmira Begum and Anjuna Bibi – candidates for the panchayat polls under Uluberia I block, raised allegations against the returning officer concerned, claiming that the documents filed by them at the time of nomination had been tampered with. The court has requested Justice (retd) Dey to act as a one-man commission to supervise, to dispel any public perception or apprehension of the petitioners that a fair and impartial probe may not be held. The division bench directed the state to provide logistical support to the retired judge. The court noted that Dey had declined to receive any remuneration, stating that this assignment amounts to rendering social service in public interest.
The state government had challenged the direction of the single bench for a CBI investigation. On an appeal by the state, the appeal bench stayed the CBI probe till the final decision was made. Although the court opines that this is not such a case that calls for a CBI inquiry, it maintains that an inquiry is necessary since allegations had been made of infringement of constitutional rights of the petitioners. Despite the upcoming West Bengal Panchayat Elections scheduled to be held on July 8, the court ordered the state police to investigate the matter.
