KOLKATA: The Calcutta high court on Friday questioned how the National Commission for Women (NCW) could tell the West Bengal police to add specific sections in a first information report (FIR) registered in connection with Trinamool Congress (TMC) leader Anubrata Mondal’s abusive remarks during a phone call with a police officer.
“How can you ask the police in what manner the investigation is to be done and what sections need to be added? This is interference with the investigation. You do your investigation. I have got nothing to say. Who can interfere in an investigation that is being done by a police officer?” the bench of justice Tirthankar Ghosh observed.
The high court was hearing a petition by the Birbhum superintendent of police (SP) challenging the summons issued by NCW that required him to appear in person before the panel in Delhi. The officer said he had asked NCW to let him appear virtually but the request was denied.
The court was told that NCW directed the police to add certain sections to the FIR and had sought some documents related to the case from the police.
“I am not trying to demean the power of the commission. Where from are you getting the power that you may direct the police or recommend to add certain sections. Tomorrow, the human rights commission may make recommendations. There are thousands of such commissions and they may make recommendations and interfere with the police investigation. Even a higher court of law is reluctant to interfere with the police investigation,” the bench said.
{{/usCountry}}“I am not trying to demean the power of the commission. Where from are you getting the power that you may direct the police or recommend to add certain sections. Tomorrow, the human rights commission may make recommendations. There are thousands of such commissions and they may make recommendations and interfere with the police investigation. Even a higher court of law is reluctant to interfere with the police investigation,” the bench said.
{{/usCountry}}Rajdeep Majumder, deputy solicitor general appearing for the NCW, said the commission had only recommended addition of certain sections and that the commission had the authority under the National Commission for Women Act to summon an officer.
“You are acting as if you are monitoring the investigation. You see the language you have used in your letters (to the Birbhum police). The language is very offensive. Have an approach of a statutory authority. Public servants must respect another public servant,” the court observed.
The court told the Birbhum SP to virtually appear before the NCW at 12 noon on July 14 and have a designated officer appear in person at a later date to answer the queries. It also directed the police to send available documents related to the case, which were sought by the NCW, to be sent digitally.
“The SP will appear virtually on July 14 at 12 noon and all the documents under the category referred be sent to the commission electronically. A next date be fixed by the commission with a designated officer to be deputed by the SP who will appear for answering the necessary query”
“The SP or the designated officer would send the available documents amongst six categories of documents digitally which have been sought for. In case, there is reservation of the investigating authorities in sharing any information, the same may be canvassed before this court on a subsequent date,” the bench said in its order.