Sandeshkhali Violence| Advocate Alakh Srivastava Approaches Calcutta High Court Seeking Court Monitored CBI Enquiry And Deployment Of CRPF

The plea filed by AOR Alakh Alok Srivastava further seeks constitution of a Fact-finding Committee, compensation to the victims, deployment of Central Reserve Police Force (CRPF) in the violence affected area, and action against the erring police officials.

Pertinently, the plea is filed pursuant to the liberty granted by the Supreme Court earlier, when the bench while refusing to entertain the plea seeking transfer of investigation into the alleged large-scale violence against women had said that the incident should not be compared to Manipur violence.

The bench was of the opinion that since the Calcutta High Court is seized of the matter, therefore dual forums should not be engaged with the same subject matter.

The Supreme Court's bench comprising Justice B.V. Nagarathna and Justice Augustine George Masih had observed, "...the petitioner who has appeared in person after arguing the matter for sometime, sought permission to withdraw this petition under Article 32 of the Constitution of India with the liberty to seek relief before the Calcutta High Court. His submission is placed on record. Consequently, this writ petition is dismissed as withdrawn reserving liberty to the petitioner to seek appropriate reliefs before the Calcutta High Court".

The plea before the High Court inter alia seeks the following directions:

1. To form a Committee of three retired Judges of High Court, in line with the committee formed in Manipur atrocity cases (Dinganglung Gangmei v. Mutum Churamani Meetei & Ors, 2023 INSC 698) in order to enquire into the nature of violence against women that occurred in village-Sandeshkhali, from all available sources including personal meetings with survivors, meetings with survivors, members of the families of survivors, local/community representatives, authorities in charge of relief camps and the FIRs lodges as well as media reports; and to submit a report to the Court on the steps required to meet the needs of the survivors.
2. To grant compensation to the victims of sexual assault under the relevant Victim Compensation Schemes.
3. To deploy central para military forces for protection of the concerned witnesses/victims.
4. To conduct the trial of the case in a Fast Trach Court situated at Delhi expeditiously.
5. To initiate stringent disciplinary actions as well as penal actions against the erring policemen.

It is also to be noted that Calcutta High Court while hearing the suo moto case registered by it in response to the newspaper reports of alleged sexual assault, violence and land grabbing in Sandeshkhali has clarified that there is no interim order of stay of the arrest of TMC leader Sheikh Shahjahan in any of the cases pending before it and that the said person should be arrested as soon as possible. 

Earlier, the National Commission for Protection of Child Rights (NCPCR) had taken cognizance of a distressing incident that reportedly occurred in Sandeshkhali, involving violence against a child. The NCPCR had written a letter to the District Magistrate of North 24-Parganas seeking an Action Taken Report about the incident within 48 hours.

Cause Title: Alakh Alok Srivastava Vs. State of West Bengal & Ors.