ASHOK KUMAR MATHUR, C.J. - (1.) We have heard the learned counsels for the parties.
(2.) This is a public interest litigation filed by the Committee for Protection of Democratic Rights, West Bengal being a registered body under the Registration of Societies Act which has brought this public interest litigation with the following prayers :"(a) A Writ in the nature of Mandamus directing that the investigation in Garbeta P.S. Case 3 of 2001 arising out of a Written Complaint lodged by one Abdul Rahman Mondal on 4th Jauary, 2001 at Garbeta P.S. be forthwith handed over and be conducted by the Central Bureau of Investigation being the respondent No. 7 herein.(b) A Writ and/or order or orders in the nature of Certiorari directing the respondent Nos. 1 to 6 herein to certify and produce before the Hon'ble Court all records and the case diary pertaining to the Garbeta P.S. Case No. 3 of 2001 dated 4-1-2001, so that the same may be perused and appropriate orders be passed so that conscionable justice be done.(c) Rule Nisi in terms of prayers (a) and (b) above.(d) An order directing that the investigation in Garbeta Police Station Case No. 32 of 2001 arising out of a written complaint lodged by one Abdul Rahman Mondal on 4-1-2001 at Garbeta Police Station be forthwith handed over and be conducted by the Central Bureau of Investitation being the respondet No. 7 herein.(e) Ad-interim order in terms of prayer (d) above.(f) And for such further order or orders as Your Lordships may deem fit and proper."
(3.) We need not to go into the allegations made by the one political party against another political party. We are concerned with an unfortunate incident that took place on 4th January, 2001 in the village of Chhoto Angaria in Anchal No. III, Police Station - Garbeta, District Midnapore. It is alleged that on 4th January, 2001 at 10.30 p.m. eleven persons were murdered by the persons belonging to one political party and the FIR of that incident was lodged on 5th January, 2001 at 10.30 a.m. by Abdul Rahman Mondal. It is alleged that some miscreants attacked with fire arms and other explosives as a result of which eleven persons were killed and FIR was lodged on 5th January, 2001. In spite of that no effective steps were taken by the police. Therefore this public interest litigation has been filed before this Court making serious allegations against the police that they are not prosecuting the investigation expeditiously causing serious prejudice to the fairness of the investigation at the behest of the political party in power.;