Calcutta High Court slaps ₹5 lakh costs on State CID for not handing over case to CBI, ED despite court order

The Calcutta High Court on September 15 imposed a fine of ₹5 lakh on West Bengal Criminal Investigation Department (CID) for not transferring probe in a case to the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) despite court order to do so [Kalpana Das Sarkar & Ors v State & Ors]. .Justice Abhijit Gangopadhyay rejected a plea by CID to recall the Court's order of August 24 directing the State agency to transfer probe to the central investigating agencies. The Court said that the CID is "playing with the court" and the plea for recall is "absolutely frivolous"."CID has filed the recalling application. I do not know why. This shows that none of the papers and documents relating to investigation by CID has been handed over to CBI and ED. CID is playing with the court. The application has been affirmed by one officer of CID. Why CID is so much interested is not handing over the investigation to CBI and ED? Is CID apprehensive of something that will come to light which was guarded by CID from public gaze," the Court observed.CID has no business in filing such an application, the Court added..The case relates to alleged failure by a society, Alipurduar Mahila Rindan Samabay Samity to return money to the petitioners who were depositors. From the report of the CID, the society had 21,163 members. The petitioners moved the Court alleging that the money deposited by the members was not less than ₹50 crores and this amount of money was given as loan to different borrowers. However, the names of such borrowers have not come to light even after the CID investigating the matter for nearly three years, it was alleged."The borrowers took the money and never returned it. Therefore, the said organization could not return the money to its members including the petitioners when they needed. The CID has not been able to bring out any substantial fact related to this matter though they have investigated the matter for nearly three years," the Court had noted in its order of August 24 when transferring the probe to the CBI and ED. .Subsequently, the CID filed the recall application.The Court dismissed the application and imposed a cost of ₹5 lakh to be paid by CID to the High Court Legal Service Authority by September 22.The Court while rejecting the plea also directed the CBI and ED to commence their investigation into the matter within three days."I direct the CBI and ED to start the investigation by three days from date if not done already and I direct the CID to hand over all papers and documents to CBI and ED by September 18, 2023," the Court ordered..The Court also directed that the matter be listed next on September 18 at 3 pm for further order.Advocate Pretom Das appeared for State..[Read Order]