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TMI Blog2023 (4) TMI 1246X X X X Extracts X X X X X X X X Extracts X X X X ..... nected 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. - Abhijit Gangopadhyay, J. For the Appellant : Mr. Bikash Ranjan Bhattacharya, Sr. Advocate, Mr. Firdous Samim, Ms. Gopa Biswas And Ms. Payel Shome, Mr. Sudipta Dasgupta, Mr. Bikram Banerjee, Mr. Arkadeb Biswas, Ms. Dipa Acharyya, Mr. Sondwip Sutradhar And Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... move the application today and accordingly, ED filed the said application for hearing of the said application today. 5. On perusal of the letters written by said Kuntal Ghosh against ED and CBI and filed before the CBI Court and letters sent to the Officer in Charge of Hastings Police Station (through the Superintendent of the correctional home) I found that some allegations were really made against the ED officials who are investigating the scam and also against CBI officials who are also investigating the scam. ED is investigating the money trail of this episode termed as Educational Recruitment Scam. 6. Today the application was taken up for hearing and learned advocate of the CBI supporting the said application also made their submission. On behalf of ED some dates were mentioned before this court which are as follows: i) 20/21.01.2023 Search in Kuntal Ghosh s house. ii) 21.01.2023 Search and seizure in Kuntal Ghosh s house. iii) 21.01.2023 Kuntal Ghosh was arrested by ED iv) 21.01.2023 Kuntal Ghosh was produced before the court and he was sent to custody of ED for 14 days. * ED has submitted that Kuntal Ghosh was examined every 48 hours by Bidhannagar Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... squeezed is required to be known from medical experts which CBI should do. 9. It is a matter to be noted that when said Kuntal was in CBI custody from 20.02.2023 to 23.02.2023 and immediately thereafter he made no complaint against the DIG of CBI for torturing him in the way indicated above. He also did not make any complaint against the interrogating officers of ED when he was in ED s custody. He for the first time made such complaint - on 31st March, 2023 and on 1st April, 2023. 10. From one order produced before me in ML Case No. 13 of 2022 on behalf of the ED today being order no. 32 dated 03.02.2023, I find that the Judge of Special CBI Court- I (which is also designated as Special PMLA Court for ML cases) personally asked said Kuntal and the accused Kuntal did not complain anything about his health condition though in his letter he has said that because of some pinching by the interrogating officers of ED in his abdomen, he is still suffering. It is to be noted that his custody with ED came to an end on 03.02.2023. Other allegations of Kuntal are that the investigating agencies were trying to force him to name Abhishek Banerjee. This same tune was heard from said Abhis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... written to the Officer in Charge of Hastings Police Station where the allegations are similar to the letter filed before the court on 31st March, 2023. 17. 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. 18. 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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