In the last month, the Calcutta High Court transferred at least seven cases to the Central Bureau of Investigation. This clearly shows the lack of trust of the state judiciary in the police
Recently, the Calcutta High Court directed Special Commissioner of Kolkata Police Damayanti Sen to oversee four recent cases of rape reported from various parts of West Bengal. The Calcutta HC bench of Justices Prakash Srivastava and Rajarshi Bhardwaj ordered this while hearing a batch of petitions regarding these cases.
The court directed, “Hence, considering the material pointed out to us, we direct that the investigation of the incidents at village Nehalpur, Nandipara, the incident on Dol Purnima noted above, as well as the incident of rape at English Bazar will be done under the supervision of Smt. Damayanti Sen, IPS, presently working as Special Commissioner of Police for Kolkata Police. If Smt. Sen has any difficulty in supervising the investigation, she will be at liberty to indicate the same to this court on the next date of hearing.”
Thereafter, IPS Sen started overseeing the probes into the Deganga, Matia, Ingrejbazar, and Banshdroni rape cases.
What was the Park Street rape case?
In Bengal, Damayanti Sen is not just another senior IPS official. In 2012, IPS Sen was the Joint Commissioner (Crime) of Kolkata police and the investigative officer for the Park Street rape incident. This rape incident took place just a year after Mamata Banerjee became the chief minister of Bengal for the first time. She commented that this case was a “doctored incident” and also a “chotto ghotona” (minor incident).
Meanwhile, IPS Sen continued her investigation and made the report public. She went against the opinion of the chief minister and identified four criminals. Later, the police apprehended these four accused.
Immediately after this investigation, the Bengal government transferred IPS Sen. Political analysts have pointed out that she was one of the very few senior officials to show the courage to take on the chief minister herself.
Who Is IPS Damayanti Sen?
Damayanti Sen is an IPS officer from the 1996 batch. As an Assistant Superintendent of Police, the 51-year-old IPS officer began her career. Her first posting was in the district of South 24 Parganas. Then she was transferred to the Kolkata police. IPS Sen served in the Kolkata Police as the Deputy Commissioner of Central Kolkata, the special branch and also the detective department. She was the first woman to head the detective department of the Kolkata Police.
After she took on Chief Minister Mamata Banerjee, the West Bengal government transferred her to the Police Training Institute, Barrackpore. She was appointed as the Deputy Inspector General of Police (Training). For many years after the conflict, the West Bengal government under Mamata Banerjee did not allow her to join the Kolkata Police. She was appointed as the DG of Darjeeling and then was promoted to the post of Inspector General (Administration). Thereafter, she was brought to the Kolkata Police as a Special Commissioner. The Mamata Banerjee government kept her out of the Kolkata Police for seven years following the Park Street case. In 2019 she finally returned to Kolkata Police again.
Why Damayanti Sen’s appointment shows HC’s lack of trust in police
In the last month, the Calcutta High Court transferred around seven cases to the Central Bureau of Investigation (CBI). This clearly shows the lack of trust of the state judiciary in the police. Recently, the HC has handed over seven cases to the CBI: The Birbhum violence case, TMC leader Bhadhu Shaikh’s murder case, SLST recruitment scam, SSC recruitment scam, the murder of Congress Councillor Tapan Kandu, the death of Niranjan Vaishnav, the eyewitness in the Tapan Kandu murder case, and the Haskhali gang-rape case.
A retired IPS officer, on the condition of anonymity, said, “The Calcutta High Court has made it clear that it does not have trust in the state police. The appointment of IPS Damayanti Sen also indicates the same. It appears that the judiciary has attempted to send a message to the ruling regime that it does not trust the state administration.”
The retired IPS officer also pointed out that in the recent past, there would not be an example when any state HC had to transfer seven consecutive cases to the CBI within a month. “The way investigation is going on in the alleged murder of student activist Anish Khan’s case, there is a high chance that the HC can transfer that case to the CBI as well,” he said.
Political analysts and sources in the police believe that the HC has appointed IPS Sen because she is well-known for not bowing down in front of political pressure. However, when asked about the appointment of IPS Sen and its significance, TMC leaders maintained their reluctance to comment on an ongoing case.
Can Damayanti Sen restore trust in Bengal’s police?
After getting the order from the HC, IPS Sen has already started overseeing all four cases. Sources in the police confirmed that Sen has ordered that all the investigating officers should inform her of every development in these cases. The sources also said that the investigating officers had submitted all the existing pieces of evidence to Sen during their last meeting at the Lalbazar Police Headquarters.
“In a democracy, it is the state government that implements law and order. The recent situation in Bengal raises questions about the political dispensation and the administration. The High Court has appointed a person like IPS Damayanti Sen to reinstate public trust in the state police,” said a retired IPS officer from Kolkata Police who does not want to be named.
He also pointed out that the judiciary very much understands that every case cannot be transferred to the CBI and that people will have to keep their faith in the state administration.
The former IPS officer noted, “Right now, no one has any faith in the state police of West Bengal. I think the HC is trying to restore the lost trust of the people by appointing an IPS like Sen. If you see the last hearing of the HC, which took place on Monday, the bench did not transfer the cases to the CBI. They are giving a chance to the state police to prove their independence.”
Why is there a lack of trust in Bengal Police?
The recent incidents of violence in Bengal have exposed the underbelly of political power. For example, in the Birbhum violence case, the chief minister visited the spot and ordered the arrest of TMC block president Anarul Hussain. Despite forming an SIT under senior IPS officers, the team was unable to arrest Hussain because he had massive political support.
Similarly, after the Hanskhali gang-rape case, the Bengal chief minister commented, “The police are yet to understand the cause of the death. I had asked them. Will you call it rape or was she pregnant? Was it (the fallout of) a love affair? Have you enquired about these? This is an unfortunate incident. You (girl’s family) also conducted the last rites of the body. I am talking as a layman. From where will they (police) get the evidence whether she was raped or she was pregnant or there was any other reason such as she was slapped by someone after which she fell ill.”
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Political analysts believe that such statements put pressure on the police and the investigations get affected. Significantly, in the Hanskhali case, the main accused is the son of a local TMC heavyweight leader. In all the cases of recent violence, the family members of the victims demanded a CBI probe and maintained that they do not have trust in the police.
After the mysterious death of student activist Anis Khan, his father told the media, “I have no faith in any probe by the state police, as two of their own personnel murdered my son.” I want a CBI inquiry and, if necessary, I will knock on the doors of the Supreme Court for that.”
The author is an independent journalist based in Kolkata and a former policy research fellow at the Delhi Assembly Research Centre. Views expressed are personal.
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