Kolkata, May 17 The police raid at the residence of deceased student leader Anis Khan on February 18 was not done following proper legal procedures, the West Bengal government admitted to the Calcutta High Court on Tuesday.
Khan was found dead under mysterious circumstances after the raid.
The state advocate general, Soumendranath Mukhopadhyay, informed the division bench of Justice Rajasekhar Mantha that since there were lapses in the legal procedures in conducting the raid, the concerned police personnel deserve punishment.
However, he added, that it was a case of accidental death and there was no evidence to prove that he was murdered by the police personnel involved in that raid. Hence, he added, the state administration did not feel the necessity to book the accused under Section 302 of the Indian Penal Code (IPC).
He also said that there was no evidence to prove that Anis Khan was pushed to the ground floor from his residence by the police personnel involved in the raid. The police personnel have informed that Anis Khan himself jumped when they arrived at the spot.
The advocate general also argued that Anis Khan's father Salem Khan cannot be considered a prime eye-witness in the case since he just heard a falling sound and did not witness his son being pushed by the police personnel.
However, Justice Mantha then reiterated the question raised by Anis Khan's family on why the police left the scene instead of taking the deceased student leader to the hospital. Justice Mantha also observed that the state government's report mentioned about the mechanical process of probe and not the statements given to the police by a home-guard and civic volunteer arrested in this connection.
Stating that the police investigators here can prove to be the best in the world provided they do not succumb to political influence, Justice Mantha observed that more investigation in this particular death is required.
The next hearing in the matter has been scheduled on June 7.
Anis Khan's father Salem Khan, however, has ruled out the observations placed by the state government that his son's death was accidental. "The police and the state government are deliberately trying to shield the main offenders. The police came and one of them even threatened to point a firearm towards me. We are sticking to our demand for a Central Bureau of Investigation (CBI) enquiry in the matter," Salem Khan said.
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