Calcutta HC forms commision to supervise poll-documents ‘tampering’ probe, CBI investigation put aside

The Calcutta High Court, on Monday, set aside an earlier Single Judge directive for CBI to investigate alleged tampering of documents filed with nomination papers, for rural polls. The court, however, kept the other portions of the order untouched.

A division bench of Justice Arijit Banerjee, and Justice Apurba Sinha Ray appointed Justice Debi Prasad Dey, a former judge of the Court, as a one-man Commission to supervise the enquiry which will be conducted by the state police concerning allegations made by writ petitioners.

The Commission, the Court said, will be free to examine individuals, as required. Following the enquiry, police will file a report before the Single Judge for consideration. The Court has offered three weeks for completing the enquiry, and placing of the report.

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Two writ petitioners – appearing to be aspiring candidates for panchayat elections – had approached the Court with the grievances that their documents, filed with nominations, were tampered with by the panchayat returning officer.

Justice Amrita Sinha, earlier, had observed that the allegation is against an officer responsible for conducting a free and fair election, and the enquiry needs to be done by an independent authority. Justice Sinha had then directed the CBI to conduct the investigation by July 5, and to place a report before the court on July 7.

On Friday, the division bench had asked CBI not to take any steps till June 26, Monday. The bench had observed that there were two questions to be considered – the circumstances in which a CBI enquiry may be justifiably directed by the Court, and whether or not facts of the present case portray or depict one of such circumstances.