Case Comment: Sunil Kumar Pal vs. Phota Sheikh and Others

This case is an appeal to the higher court from a judgement made by the Calcutta High Court. The case involved the professional misconduct of the police, magistrate, and public prosecutor. The appeal was filed by Sunil Kumar Pal against the acquittal of nine respondents by the Additional Sessions Judge in Nadia.

Facts of the Case

On August 29, 1975, Sunil Kumar Pal's younger brother, Nishith Pal, was shot and killed outside their village in Sondanga, Nadia district. The next day, Topan Kumar Pal, a nephew of the deceased, reported the murder to the Kotwali Police Station in Krishna Nagar. The appellant claimed that the police conducted a superficial investigation and failed to protect the witnesses, who were threatened by supporters of the Communist Party of India (Marxist), the dominant political force at the time.

Fourteen months later, on November 4, 1976, the police filed charges against the respondents under sections 302 (murder), 364 (kidnapping), and 120B (criminal conspiracy) of the Indian Penal Code. The appellant, who came from the UK, repeatedly requested a special public prosecutor for the case but received no immediate response from the authorities. Despite these efforts, the police and judiciary did not ensure a fair trial.

Issues During the Trial

1. Representation and Fairness: The public prosecutor for Nadia represented the accused, which was against professional ethics and fairness. During the trial, the court premises were filled with Communist Party supporters, intimidating witnesses and obstructing justice.
2. Witness Examination: Many witnesses turned hostile due to fear, and crucial witnesses were not called to testify. The appellant's requests for witness protection and case transfer were ignored, leading to an unfair trial.
3. Adjournments and Preparation: The special public prosecutor requested an adjournment to prepare but was only granted one day. Consequently, the prosecution was unprepared, and the trial was biased in favor of the respondents.

Judgement

The court concluded that the trial conducted by the Additional Sessions Judge was flawed and unfairly biased towards the respondents. The presence of Communist Party supporters in the courtroom created an atmosphere of intimidation. The appeal was granted, and the judgement of acquittal was overturned. The court ordered a retrial in the City Civil and Sessions Court in Calcutta, with a new special public prosecutor appointed after consulting with the appellant and the complainant.