Calcutta HC orders FIR, CID probe against Tapas Pal for "rape & murder" remarks

Within 24-hours of the Parui-murder verdict, the Calcutta High Court on Thursday landed yet another blow to West Bengal Government by ordering CID inquiry to actor-turned-politician’s ‘hate’ speech at a public gathering couple of months ago.

Delivering the verdict in a crowded court-room, Justice Nishita Matre took cognizance of the offence and ordered CID probe.

In her 80-page verdict, justice Matre, however, observed that it was not necessary on the part of the judiciary to monitor the investigation and granted liberty to the CID to go ahead with the probe.

The incident dates back to June, when a video footage leaked in the media showed the actor turned politician was reportedly making the ‘hate’ speech by threatening to kill CPM workers and having their women raped at a meeting of his party workers in his constituency Krishnagar in Nadia district in West Bengal.

According to reports, Pal was seen to be saying that if any of his party members were attacked, he will set his party workers to rape women of CPM party members. He also said that he will shoot CPM workers with his gun.

The incident sparked a nationwide protest.

Under pressure, Pal had to tender an apology to his party for his remarks, after which Chief Minister Mamata Banerjee had let him off.

But by then, a PIL had been filed in the Calcutta High Court by petitioner Biplab Chowdhury.

Justice Dipankar Dutta, had pronounced the order that an FIR should be filed against Tapas Pal and a CID probe should investigate the controversial speech made by him. In his interim order on July 28, Justice Dutta asked the state police to file an FIR and initiate a CID inquiry into the incident and place the report of the inquiry by September 1.

However, next day, the state government and Tapas Pal appealed against the order in a division bench which extended the stay on Dutta's interim order into the matter for three weeks.

After extensive hearing, the bench delivered a split verdict. Justice Girish Gupta struck down the single bench order, while Justice Tapabrata Chakraborty upheld it.

The case was then sent to Justice Nishita Mahtre by Chief Justice Manjulla Chellur.

Justice Nishita Mahtre on Thursday upheld, almost entirely, the order of the single bench judge Justice Dutta in the case.

The only element Justice Mahtre left out is court monitoring of the investigation.

Earlier, Justice Mhatre on September 10 snubbed the State Government by questioning the inaction of the state police and asked whether the matter should be entrusted on the CID to probe.

The Justice also wondered whether Paul was being treated exceptionally for being a parliamentarian.

In reply, State counsel Kalyan Bandyopadhyay informed the high court that the Government is ready with CID probe.

Thursday's order comes a day after a bench of high court directed a CBI probe into the 2013 murder of independent candidate’s father in Birbhum district.

On Wednesday, Calcutta High Court asked the Central Bureau of Investigation (CBI) to investigate the Parui murder case.

Justice Harish Tandon directed the Special Investigation Team (SIT) to hand over all the documents connected with the case to the federal investigating body after he observed that the investigation into the matter was tainted with extraneous interference.

He also directed the CBI to file its reports before the court over the issue from time to time.

Political fraternity feels that the two back-to-back verdicts against it will definitely put Mamata Banerjee-led West Bengal government in a fix.

The opposition is happy about Tapas Pal case verdict who dubbed it as a blow on the face to the Trinamool government.