BJP leader Pamela Goswami moves SC against illegal custody in NDPS case

New Delhi [India], March 8 : Bharatiya Janata Party (BJP) leader Pamela Goswami has moved the Supreme Court seeking directions to the West Bengal government to pay compensation to her for grave injustices against her, including illegal custody, malicious prosecution, and false implication under Narcotic Drugs and Psychotropic Substances (NDPS) Act.
In a petition, BJP leader Goswami has sought to issue direction to the respondents to give compensation to the Petitioner for wrongful and malicious prosecution in the NDPS matter.
The petitioner Goswami said that she has suffered grave injustices including illegal custody, malicious prosecution, and false implication under Sections 21B and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
The petitioner claimed to be a victim of a criminal conspiracy by being falsely implicated in a drug matter and thereby had to face criminal proceedings under NDPS charges at West Bengal's Alipore from February 2021 to February 2023.
During this period, the petitioner was unlawfully detained in police custody from February 19, 2021 to December 10, 2021 totalling 295 days solely due to the actions of Respondent Nos. 2 to 5 as they have discharged their duties as Public Servants and they are 'State' within the definition of a 'State'. The Petitioner was released on bail vide Order dated December 7 2021 by the High Court at Calcutta, West Bengal.
"Subsequent to the completion of the investigation and the submission of the final charge sheet on 03.05.2021, it was unequivocally established by the investigating officer that the Petitioner has been falsely implicated in the NDPS matter. The charge sheet explicitly outlined the conspiracy orchestrated by individuals, including Mr. Amrit Raj @ Amrit Raj Singh, in collusion with others namely Rakesh Kumar Singh, against the Petitioner, motivated by jealousy and animosity," the petition read.
The petitioner said that being a prominent youth political leader associated with the Bharatiya Janata Party (BJP), suffered immense damage to her personal and public reputation as a result of these false allegations.
"The petitioner sought discharge from the matter as no charges were framed against her and the findings in the charge sheet itself were very clear about the conspiracy. Despite the absence of any charges against her and the clear findings in the charge sheet exposing the conspiracy, the Special Judge, New Alipore, refused to discharge the Petitioner on 03.06.2021, citing presumptions under Sections 35 and 54 of the NDPS Act," read the petition.
However, upon the petitioner's appeal to the High Court of Calcutta vide its order dated March 16, 2023 graciously discharged the petitioner from the NDPS matter, acknowledging her innocence and the malicious nature of her prosecution.
Despite this discharge, the legal proceedings persisted, necessitating the filing of another Criminal Revision Petition. However, on January 10, 2024, the state government filed a Special Leave Petition challenging the High Court's order. The top court vide its order dated January 29, 2024, confirmed the discharge of the petitioner from the NDPS Case, the petition claimed.
According to the petition, vide Order dated February 6, 2024, the Calcutta High Court held, "...The proceedings would be deemed to be quashed and she should be considered to be discharged from the bail bonds. Accordingly, the orders dated 11th May, 2023 and 08-08-2023 passed by the special court in respect of the present petitioner only (Pamela Goswami) is set aside."
Throughout this ordeal, spanning several years, the Petitioner said that she endured immense physical and psychological trauma, including threats of rape, while in police custody. She also mentioned the heartbreaking loss of her beloved maternal grandmother during her and various other details in the petition.
She also mentioned mental torture harassment, torture, and threats during her custody and said that such traumatic experiences continue to disturb her even now and hence she claimed to be entitled to rightful compensation from the State Government.