Life sentence to 46 of CPM for murders - First time since Independence the punishment has been awarded by HC to so many together

TT, Calcutta, July 8: Calcutta High Court today upheld the life sentence handed to 46 CPM members by a Birbhum court for the murder of four CPI(ML) workers in Bolpur in November 1987, the first time since Independence that the high court has given the punishment to so many people together.

The division bench of Justices Nadira Patherya and Indrajit Chatterjee said in its order: "We are upholding the judgment passed by the trial court asking all the accused to surrender before the Suri court within one month of passing this verdict."

Today's verdict was significant for two reasons, legal experts said. One, it came 28 years after the crime. Two, this was the first time after Independence that Calcutta High Court confirmed life sentence to 46 accused together.

"Today's high court verdict is very significant. It is an example of 'justice delayed but not denied'. At the same time, this is the first time Calcutta High Court has upheld the life terms of 46 accused together since Independence," said high court lawyer Gitanath Ganguli.

According to the prosecution, four CPI(ML) workers- Sudhir Ghosh, 60, Nirmal Ghosh, 26, Sheikh Mannan, 40, and Ziauddin Sheikh, 30, - were killed at Kalitaladanga in Muluk village in Bolpur by a mob of 60 to 70 people that beat them up with sticks and spears on November 19, 1987.

"The victims were workers of our party and CPM supporters murdered them," Birbhum district CPI(ML) secretary Sailen Misra said after the judgment.

"FIRs had been lodged by the family members of the victims at Bolpur police station the same day, naming 55 people. The trial against the accused started in the Suri court," a lawyer associated with the case said.

Two of the accused were found to be under 18 and their cases were shifted to the juvenile court. Of remaining 53, six remained untraceable while the 47 others were arrested and later granted bail by the Suri court.

Chargesheets were submitted against all 47 accused and the trial started at the Suri district and sessions court in 1989. During the trial, one of the accused died.

In October 2009, 22 years after the incident, the Suri court found the 46 people guilty and sentenced them to life imprisonment.

"Soon after the verdict was delivered in Suri, all the accused were taken into custody and sent to jail again. But all of them managed to obtain bail in January 2010 from the high court after moving an appeal against the trial court's verdict along with the bail applications," a lawyer connected to the case said.

A lawyer said that after today's verdict, the accused would have to surrender before a magistrate in Suri.

"Immediately after they surrender, they will be sent to jail," the lawyer added.

A lawyer connected to the case said the family members of the accused were yet to decide on moving the Supreme Court.

The Telegraph today visited the house of two of the victims - Sudhir and his son Nirmal.

Sudhir's daughter Santoshi, a homemaker and one of the main witnesses, said she had seen her father and brother lying in a pool of blood after being severely beaten up near their house.

"We have been waiting for so many years for today's verdict. Those were the days of CPM terror. We faced threats after the murders. The accused and their associates wanted us to withdraw the complaint. At one point when they realised that they would not be able to avoid conviction, they had offered us money too," Santoshi said.

Goutam Ghosh, a district secretariat member of the CPM in Birbhum, said after Trinamul came to power, most of the accused switched to the ruling party.

CASE FILE

November 19, 1987: Four CPI(ML) members murdered

October 2009: Suri court sentences 46 people to life imprisonment

July 8, 2015: High court upholds the sentence