2023 (4) TMI 1246 - HC - Money Laundering

Primary Teachers Recruitment Scam - whether a person can laugh while his testicles are squeezed is required to be known from medical experts which CBI should do? - HELD THAT - This court wanted to know from Mr. Billwadal Bhattacharya, learned advocate representing CBI and Mr. Samrat Goswami, learned advocate representing ED, whether the investigating officers in respect of the other scams in this State are also facing same situation, i.e., complaint to the police by some persons against the officers and the police is investigating those complaints and interrogating the officers. Mr. Bhattacharya gave me three names referring to the Coal scam and the names are Mr. Kapil Raj, Joint Director of ED; Mr. Umesh Kumar, SP of CBI and in respect of the custodial death of one Lalan Sheikh in Bogtui case, one officer not at all even remotely connected with the investigation namely Mr. Sushanta Bhattacharya of CBI. Therefore, it has become a sinister design of some persons to make allegations against the investigating officers of different scams to terrorize them by using the police force which have now come to light in the State and I see this letter of Kuntal Ghosh is also an attempt to terrorize the officers of ED and CBI and to throttle the investigation process and I term it as very smart action; which cannot be allowed for a fair investigation and for the ends of justice. From today no police station shall lodge any FIR against any complaint made to it in respect of any officer of CBI and ED who are investigating the Educational Recruitment Scam both of West Bengal Central School Service Commission and the West Bengal Board of Primary Education, without the leave of this court. List this matter on 20.04.2023 and will be heard at 12.00 noon.

Summary

Issues:
The issues involved in the judgment are related to complaints made by an individual arrested in the Primary Teachers' Recruitment Scam against officers of the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI). The judgment addresses the allegations, investigations, and actions taken in response to these complaints.

Summary:

1. Complaints Made by Arrested Individual:
The Enforcement Directorate (ED) received complaints from an individual arrested in the Primary Teachers' Recruitment Scam against ED and CBI officers. The individual made criminal allegations, leading to concerns of coercive action by the police. The High Court directed that no immediate effect be given to the complaints and ordered the production of relevant letters.

2. Investigation and Court Proceedings:
The letters written by the individual were produced before the court, highlighting allegations against ED and CBI officials involved in investigating the scam. The court emphasized the need for thorough interrogation and investigation into the complaints made by the individual.

3. Allegations and Interrogation:
The court noted the timing of the complaints in relation to a public speech by another individual and raised concerns about potential coordination. It highlighted the need to prevent unwarranted complaints that may hinder the investigative process.

4. Examination and Complaints:
The court discussed the complaints made by the individual while in custody, emphasizing the need for medical evaluation of alleged torture. It raised doubts about the timing and nature of the complaints, suggesting a possible understanding between the complainant and others.

5. Court Orders and Directions:
In response to the situation, the High Court issued several orders, including restrictions on lodging FIRs against investigating officers without court permission, halting the effect of the complaints, and directing ED and CBI to submit investigation reports. The court also emphasized the preservation of CCTV footage and visitor registers for further scrutiny.

6. Conclusion:
The judgment addresses the serious nature of the complaints, the need for fair investigations, and the court's role in overseeing the process to ensure justice and prevent interference with the investigative agencies.