Joymalya Bagchi, J. - (1.) Order dated 07.09.2016 passed by the learned Additional Sessions Judge, Fast Track, 1st Court, Alipore, South 24-Parganas in S.C. No. 29(8)/2015 refusing to discharge the petitioner from the accusation of having caused the custodial death of an undertrial, Md. Alam is the subject matter of challenge in this petition. The primary issue involved in the discharge petition is that the petitioner who was police officer attached to the police station could not have been proceeded in the instant case without requisite sanction granted by the State Government.
(2.) The prosecution case, as alleged, against the petitioner is to the effect that the victim Md. Alam had been abducted from his residence on 29.03.1995 at about 4 a.m. and had been kept in illegal detention at police Fari No.28 at Kachhi Sudah with Garden Reach police station. The petitioner was the officer-in-charge of the said police station at the material point of time. It has been alleged in the petition of complaint by the mother of the victim, that is, Jubeda Khatun that she alongwith others went to the police station to meet her son but they were not allowed to do so by the petitioner. On the next day when the mother of the victim again visited the police station the petitioner demanded a sum of Rs.4,000/- for releasing Md. Alam. As she was unable to pay the amount, Md. Alam was subjected to inhuman torture in the said police outpost. Her mother could hear the cries of her son while he was being subjected to such inhuman torture. The mother of the victim prayed to the petitioner to spare her son but such prayer fell into deaf ears. She was informed that until and unless she paid the bribe money, her son would not be released. Hearing this, she fell sick and remained indisposed. The inhuman torture on the detenue continued and finally on 8.4.1995 he was shown 'arrested' and thereafter a judicial remand was procured on 9.4.1995 remanding the victim to judicial custody.
(3.) Seeing the victim was in precarious health condition, the Superintendent of Jail refused to receive him and he was sent back to the Court which passed necessary order to admit him to jail hospital where he breathed his last on the next day i.e. on 10.4.1995.;