A.K.Banerjee, J. - (1.) The writ petitioner is the widow of one Swapan Kumar Das, S.I of Police posted at Diglipur Police Station who unfortunately died during a raid conducted by the police to tackle the Burmese poachers. According to the writ petitioner, Swapan was murdered on 19th November, 1995 by the officials of the police force led by one Raghubir Singh, Deputy Superintendent of Police, involved in the raid. According to the police Swapan fell from the boat while the boat was approaching the port after arresting the Burmese poachers and died. The body of Swapan was brought with a drowning certificate issued by Dr. Naresh Lal. However, when the body was brought and handed over to the family members, injury mark was found causing suspension to the family members. According to the writ petitioner, Swapan was murdered by the officials of the police led by Shri Raghubir Singh who hatched a criminal conspiracy as the Swapan was hostile to them. It was further alleged that the said Raghubir Singh and the erring officials, in effect were helping those Burmese poachers for personal gains. There has been spate of litigation and ultimately the case was handed over to the CBI for investigation. The investigation is not complete even after six years.
(2.) The present writ petition has been filed by the petitioner, inter alia. on the following grounds:- (i) The investigation should be carried out by an officer not below the rank of Deputy Superintendent of Police as the same is now being conducted by an ordinary Inspector who is likely to be influenced by the said Raghubir Singh, an accused in this case, who is an influential official of the CBI. (ii) For last six years the writ petitioner is moving from pillar to post. Even then no fruitful purpose has been served and there has been tremendous harassment and hardship caused to her which is amounting to constitutional tortous act and as such, she is entitled to pecuniary damages.
(3.) Mr. Haradhan Banerjee, learned counsel appearing for the writ petitioner, in support of his contention raised three issued: (i) There has been an order by the concerned Magistrate passed on 10th July, 2000 directing the investigation to be conducted by an officer not below the rank of Deputy Superintendent of Police as he was not satisfied with the earlier investigation which, according to him, was done in a perfunctory April 2001. Hence, the CBI is obliged to have the investigation conducted by an officer not below the rank of Deputy Superintendent of police. (ii) Under Article 16/224 of the CBI Manual such investigation is to be carried out by an officer not below the rank of Deputy Superintendent of Police, the CBI authority is, thus, obliged to adhere to the guidelines incorporated in the same manual. (iii) Immense harassment has been caused to the writ petitioner for last six years and as such, she is entitled to pecuniary damages.;