In a recent judgment, the Calcutta High Court has taken strict action against three senior police officers of Kolkata, directing the Police Commissioner to begin departmental proceedings against them. The case revolves around their alleged “mishandling” of the preliminary investigation into a severe crime—the alleged rape of an IAS officer’s wife.
Negligence in Investigation
Justice Rajarshi Bharadwaj of the Calcutta High Court pointed out several critical lapses in the way the investigation was handled. He noted “glaring negligence” on the part of the police team. One of the significant mistakes was assigning a male officer to investigate the case, which is against legal norms in cases involving sexual assault. Additionally, serious charges related to the crime were watered down and replaced with milder ones. This move allowed the accused to secure bail from a lower court early on. However, the High Court has now overturned the lower court’s decision and has denied bail to the accused.
Transfer of Investigation
The High Court has ordered that the investigation be transferred to a Deputy Commissioner level officer, ensuring a higher level of oversight. The original investigation officer has been directed to hand over all relevant case documents and the case diary within three days. Furthermore, the court has instructed that the investigation now be conducted through the Women’s Police Station and monitored closely by the Divisional Deputy Commissioner.
The Rape Incident
The crime in question took place on July 14 and 15. The victim, who is the wife of an IAS officer, claimed that the accused forcibly entered her home around 11:30 pm and raped her at gunpoint. She also said that despite the serious nature of the crime, she was made to wait to file an FIR (First Information Report). To make matters worse, the police initially charged the accused with only minor offenses, which did not reflect the gravity of the situation.
Allegations of Police Bias
The victim also accused the police of showing bias in favor of the accused. She said that the accused’s wife and son tried to pressure her into withdrawing her complaint. She further alleged that the police ignored crucial CCTV footage showing the accused entering her house, which could have been used as evidence. This raised serious concerns about whether the police were intentionally trying to tamper with the investigation.
High Court’s Observations
Justice Bharadwaj emphasized that the FIR initially filed in the case did not capture the seriousness of the sexual assault allegations. He criticized the police for this mishandling and ordered a fresh investigation. Along with this, he asked for departmental action to be taken against the three police officers responsible for these mistakes.
Victim’s Struggle for Justice
The victim, who works as a manager in a private firm, approached the Calcutta High Court after facing delays and challenges in the legal process. According to her, after the incident, she went to the Lake Police Station to file a complaint, but there was an unexplained delay in accepting her report. Additionally, on the same day, the accused’s wife and son, brought in by police officers, tried to intimidate her into dropping the case.
She also revealed that despite her request, the police did not examine the CCTV footage from the station, which covered the time when she was allegedly pressured to withdraw her complaint. Further, she had to arrange for her own medical examination at a government facility because the police failed to take this essential step.
Defense by the State
In response, the state’s counsel argued that the victim initially sent a WhatsApp message using her friend’s phone to inform the police about the incident, instead of filing a formal written complaint. The state’s legal team also stated that the victim later gave an oral statement to a female officer, which was video-recorded.
Conclusion
The High Court’s intervention has brought new hope for justice in this case. By ordering a fresh investigation and holding police officers accountable, the court aims to ensure that the case is handled fairly and transparently. This judgment also highlights the importance of strict adherence to procedures in cases involving serious crimes like sexual assault, where negligence can have far-reaching consequences for justice.
