Kolkata, Thu Apr 12 2012. IE: The CBI has sought permission from the West Bengal government to frame a chargesheet against Ardhendu Sekhar Pahari, a police inspector of the West Bengal Criminal Investigation Department, in the Nicole Tamang escape case.
Nicole was a prime accused in the murder case of All-India Gorkha League leader Madan Tamang. Pahari was the CID investigating officer for the murder of Madan Tamang as well as escape of Nicole from CID custody. The CBI took over both the cases from the CID in January 2011.
During the probe into the Nicole escape case, Pahari is said to have been interrogated several times by the CBI. It is learnt that the CBI repeatedly asked him to reveal the names of senior officials following whose instruction Nicole was “allowed to go”. Pahari is said to have remained silent.
Pahari was recently transferred to Asansol.
A CBI source said, “In the course of probe, we have come to know that Pahari is a seasoned officer of the homicide squad of the CID. He has successfully solved several cases. We cannot take it for granted that he can be so negligent that Nicole could flee from custody. Moreover, he was not suspended by senior officials. His suspension was revoked. So the obvious question is regarding the intention of the department.”
According to sources, Nicole was put up at a DGHC guest house at Pintail village near Siliguri after his arrest. A few policemen were guarding him round the clock.
On August 22, 2010, while Pahari was in the process of interrogating him, Nicole went to the toilet early in the morning. He is missing since then.
A new case was registered and Pahari was assigned to investigate it.
It was later revealed that Pahari took Nicole into his room that day and Nicole’s handcuffs were removed.
The CBI source added, “We do not expect a seasoned officer to be so lax while he is interrogating an arrested person. Moreover, we have come to know that the IRB camps there were not alerted about Nicole.”
A senior Home department official on Wednesday confirmed that the request had been received from the CBI late Tuesday evening.
“We have received the report from the CBI. It is under consideration. We will respond to the CBI,” the official said. “The DG, CID, will be asked to give his opinion regarding the CBI request as Pahari was working in the CID and involved in the probe,” added the official.
Madan was killed in Darjeeling on May 21, 2010. After an investigation, the CID filed a chargesheet on August 30 in a Darjeeling court. There were 30 accused, but only eight were arrested. Nicole was arrested on August 16 from his home town of Kaijaley in Darjeeling district. He fled from CID custody on August 22. The state government decided to hand over the case to the CBI in the third week of November.
It has been learnt that if the state government gives permission to the CBI to include Pahari in the chargesheet, he is likely to be charged under Section 223 of IPC (escape from confinement or custody negligently suffered by public servant).
If the state government does not allow the CBI to frame charges against the officer, the agency may appeal under Section 197 of CrPC, said a lawyer.
A CID official said, “Pahari is well aware of the developments. After he was interrogated, he was posted out of the CID. At present, he is in the Asansol commissionerate. We have to see how the state government acts on the CBI’s appeal.”
Nicole was a prime accused in the murder case of All-India Gorkha League leader Madan Tamang. Pahari was the CID investigating officer for the murder of Madan Tamang as well as escape of Nicole from CID custody. The CBI took over both the cases from the CID in January 2011.
During the probe into the Nicole escape case, Pahari is said to have been interrogated several times by the CBI. It is learnt that the CBI repeatedly asked him to reveal the names of senior officials following whose instruction Nicole was “allowed to go”. Pahari is said to have remained silent.
Pahari was recently transferred to Asansol.
A CBI source said, “In the course of probe, we have come to know that Pahari is a seasoned officer of the homicide squad of the CID. He has successfully solved several cases. We cannot take it for granted that he can be so negligent that Nicole could flee from custody. Moreover, he was not suspended by senior officials. His suspension was revoked. So the obvious question is regarding the intention of the department.”
According to sources, Nicole was put up at a DGHC guest house at Pintail village near Siliguri after his arrest. A few policemen were guarding him round the clock.
On August 22, 2010, while Pahari was in the process of interrogating him, Nicole went to the toilet early in the morning. He is missing since then.
A new case was registered and Pahari was assigned to investigate it.
It was later revealed that Pahari took Nicole into his room that day and Nicole’s handcuffs were removed.
The CBI source added, “We do not expect a seasoned officer to be so lax while he is interrogating an arrested person. Moreover, we have come to know that the IRB camps there were not alerted about Nicole.”
A senior Home department official on Wednesday confirmed that the request had been received from the CBI late Tuesday evening.
“We have received the report from the CBI. It is under consideration. We will respond to the CBI,” the official said. “The DG, CID, will be asked to give his opinion regarding the CBI request as Pahari was working in the CID and involved in the probe,” added the official.
Madan was killed in Darjeeling on May 21, 2010. After an investigation, the CID filed a chargesheet on August 30 in a Darjeeling court. There were 30 accused, but only eight were arrested. Nicole was arrested on August 16 from his home town of Kaijaley in Darjeeling district. He fled from CID custody on August 22. The state government decided to hand over the case to the CBI in the third week of November.
It has been learnt that if the state government gives permission to the CBI to include Pahari in the chargesheet, he is likely to be charged under Section 223 of IPC (escape from confinement or custody negligently suffered by public servant).
If the state government does not allow the CBI to frame charges against the officer, the agency may appeal under Section 197 of CrPC, said a lawyer.
A CID official said, “Pahari is well aware of the developments. After he was interrogated, he was posted out of the CID. At present, he is in the Asansol commissionerate. We have to see how the state government acts on the CBI’s appeal.”
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