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2023 (4) TMI 1246

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..... the DPSC, Hooghly: Mr. B. Basu Mallick, Mr. Biman Halder For the WBBPE: Mr. Saikat Banerjee, Mr. Ratul Biswas And Mr. Kaushik Chowdhury For the CBI: Mr. Billadwal Bhattacharyya, DSGI Mr. Arijit Majumdar For the ED: Mr. Samrat Goswami For Debojyoti Ghosh: Mr. Santanu Kumar Mitra Mr. Subhabrata Das And Mr. Amartya Pal ORDER 1. Yesterday one complaint was made before this court at the time of mentioning on behalf of the Enforcement Directorate ('ED' for short) that one person arrested by ED, namely Kuntal Ghosh, according to ED who is involved in Primary Teachers' Recruitment Scam (this does not mean that he is not involved in any other scam) have made certain complaints through the Superintendent of the Presidency Correctional Home to .....

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..... 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 .....

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..... ch, 2023 as Kuntal made the first complaint on 31.03.2023 before the CBI Court and on 01.04.2023 before the Hastings Police Station. It is a matter to be enquired and investigated whether Kuntal Ghosh took the queue from the public speech of said Abhishek Banerjee for which both of them can be interrogated both by ED and by CBI and such interrogation should be made soon. Terrorizing the investigating officers of investigating agency by complaint before the Police authority is wholly unwarranted and such endeavors are to be stopped forthwith otherwise the officers of the investigating agencies will not be able to act in a fearless mind and in view of such oversmart action which is rising in this state the court should give some immunity to t .....

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..... 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 Abhishek Banerjee in his public meeting on 29.03.2023. This matching tune raises a serious doubt in my mind as to a tacit understanding between them as when this Kuntal was selling school teachers job both Kuntal and Abhishek were in the same political party. 11. Here I must say that from the submissions made before this court and from the reports filed by the investigating agencies, I find that if the whole scam is considered a human body CBI and ED have reached maximum up to the waist of the body .....

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..... ot being quashed today because the offences disclosed in those letters sent to the Officer in Charge of Hastings Police Station, may be used for investigation at a later stage. 16. After reading those two letters and after hearing the parties I find that the contents of the letters are foolishly concocted and there are real exaggeration and embellishment of the letter dated 01.04.2023 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 .....

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..... h filed before the court and sent to the Hastings Police Station, shall not be given effect to in any manner whatsoever until further order of this court; iii) ED and CBI are directed to file report of their investigation into this matter, if necessary with the video recordings, before this court on 20th April, 2023 when this matter will be taken up at 12 noon. iv) All the aspects which have been indicated above including the public speech of one Abhishek Banerjee, should also not be outside the investigation of CBI and if necessary, by ED. v) The CCTV footage of the Presidency Correctional Home shall be preserved for the period from 21st March, 2023 to 6th April, 2023 (i.e., from filing of the prosecution complaint by ED to the date .....

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