NDPS Case: BJP Youth Leader Pamela Goswami Moves SC Seeking Compensation

Bharatiya Janata Party (BJP) leader Pamela Goswami has approached the Supreme Court, seeking directives to the West Bengal government to provide compensation for severe injustices against her, including illegal detention, malicious prosecution, and false implication under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

In her petition, BJP leader Goswami has requested the issuance of directives to the concerned authorities to grant compensation to her for wrongful and malicious prosecution in the NDPS case.

Goswami stated 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 alleged being a victim of a criminal conspiracy, falsely implicated in a drug-related case, leading to her facing criminal proceedings under NDPS charges at Alipore in West Bengal from February 2021 to February 2023.

During this duration, the BJP Leader was unlawfully held in police custody from February 19, 2021, to December 10, 2021, amounting to 295 days, solely due to the actions of certain respondents acting as Public Servants and being deemed ‘State’ entities. The petitioner was granted bail on December 7, 2021, by the High Court at Calcutta, West Bengal.

“After the investigation concluded and the final charge sheet was submitted on 03.05.2021, it was unequivocally established by the investigating officer that the petitioner was falsely implicated in the NDPS case. 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 stated.

The petitioner asserted that being a prominent youth political leader associated with the Bharatiya Janata Party (BJP), she suffered immense damage to her personal and public reputation due to these false allegations.

“The petitioner sought discharge from the case as no charges were framed against her, and the findings in the charge sheet itself clearly exposed the conspiracy. Despite the absence of any charges against her and the explicit findings in the charge sheet revealing 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,” the petition added.

However, following the petitioner’s appeal to the High Court of Calcutta, the court, in its order dated March 16, 2023, graciously discharged the petitioner from the NDPS case, acknowledging her innocence and the malicious nature of her prosecution.

Despite this discharge, legal proceedings continued, leading to the filing of another Criminal Revision Petition. However, on January 10, 2024, the state government lodged a Special Leave Petition challenging the High Court’s order. The apex court, in its order dated January 29, 2024, affirmed the discharge of the petitioner from the NDPS Case, as per the petition’s claim.

As per the petition, the Calcutta High Court, through its order dated February 6, 2024, stated, “…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 protracted ordeal spanning several years, the petitioner mentioned enduring immense physical and psychological trauma, including threats of rape, during her time in police custody. She also cited the tragic loss of her maternal grandmother and various other distressing details in the petition.

She further highlighted mental torture, harassment, and threats during her custody and claimed that such traumatic experiences continue to haunt her even now, hence asserting her entitlement to rightful compensation from the State Government.