The vacation bench of the Calcutta High Court has temporarily allowed retired IPS officer Pankaj Kumar Datta to participate in police inquiries via virtual means, requiring the police to notify him 48 hours in advance. This ruling was made by Justices Tirthankar Ghosh and Uday Kumar in response to Datta’s appeal against a Single Bench order from October 3rd.
Senior advocate and CPI (Marxist) veteran Mr. Bikashranjan Bhattacharya argued that Mr. Datta had been forced to wait eight hours during his last visit to the police station. However, Advocate General Kishore Datta, representing the state, disputed this claim, stating that the charges against Datta are bailable. Mr. Bhattacharya questioned why a notice under Section 41 A CrPC was issued if the charges were bailable.
The court instructed Datta’s counsel to provide the additional government pleader with his email address for further communication with the investigating officer. The police are required to give Datta a 48-hour notice if his presence is needed for any investigation or inquiry.
“The appellant will be available in virtual mode. His physical presence will not be required until November 7, 2024, when the appeal is set to be heard by the regular bench,” the court declared.
During a previous hearing, Justice Rajarshi Bharadwaj declined to issue an interim order to dismiss the case against Datta filed by Burtolla Police Station. This case originated from his comments about ‘Sonagachi’ during a speech at the Derozio Auditorium of Presidency University concerning the rape and murder of a junior doctor at RG Kar Medical College and Hospital.