The Supreme Court on Tuesday directed the West Bengal government to furnish a copy of the post-mortem examination conducted by a medical board into the suspicious death of a BJP worker, Dulal Kumar, who was found hanging from an electric pole after Panchayat polls in 2018.
A bench of Chief Justice Ranjan Gogoi and Justices Deepak Gupta and Sanjiv Khanna gave two weeks time to the state government for providing the copy of the medical board's report as senior advocate Kapil Sibal, appearing for the West Bengal government, submitted it could not have influenced the board.
The court was hearing a writ petition filed by advocate Gaurav Bhatia, who contended that the murder of 32-year-old Dulal Kumar, a BJP worker, was termed as suicide. His body was found hanging from an electric pole in Purulia's Balarampur area on June 2, 2018.
It was pointed out to the court Dulal's death was termed as suicide due to his "illicit relations" with his sister-in-law but the police even failed to record the statement of the woman, despite her availability.
The bench, however, closed the matter arising out of the alleged killing of two BJP workers, Shaktipada Sarkar, a block president in the Mandirbazar-Dhanurhat area on July 28, and Tirlochan Mahato on May 30, 2018. In both the cases, the accused have been chargesheeted, the court noted.
During the hearing, the bench questioned Bhatia as to why the Supreme Court should examine the matter under Article 32 (writ jurisdiction) of the Constitution.
“Is the matter so obnoxious that a court of the Supreme Court should examine and an SC lawyer should file a writ petition,” the bench asked.
Bhatia said since the family members of Mahto and Sarkar had filed an application in his writ petition, he may withdraw himself. But he said that the court should see how the cases were investigated by the WB police.
"All these questions can be raised before the magistrate or high court," the court said.
Sibal said Mahto's family members had already approached the Calcutta High Court. He said the investigation was carried out in all the three cases and final reports were filed. Even TMC workers were arrested, he claimed.