Apex Court Refuses To Grant Protection To Advocate Representing Rape Victims Of Sandeshkhali After Multiple FIRs By State Govt

The Supreme Court, today, refused to grant protection to Advocate Sanjukta Samanta, who is representing victims of Sandeshkhali Violence, in her plea alleging that the workers of Trinamool Congress ('TMC') got multiple false FIRs registered against her. 

The Vacation Bench of Justice Prashant Kumar Mishra and Justice KV Viswanathan said, "After arguing for some time, the petitioner appearing in person seek permission of this Court to withdraw this writ petition filed under Article 32 of the Constitution with liberty to approach the jurisdictional High Court. Accordingly, the writ petition is dismissed as withdrawn with the aforestated liberty."

Petitioner Sanjukta Samanta appeared in person and submitted, "I am the counsel for the victims of Sandeshkhali women victim of mass rape and land grabbing. After that the TMC government is foisting me in false cases...multiple FIRs have been registered against me, and the police officials are asking me to surrender before them...I also don't know how many cases are there...I will be arrested soon."

Counsel appearing for one of the private Respondents said, "She is trying to take advantage...it has nothing to do with Sandeshkhali."

Justice Mishra remarked, "You better approach the High Court...the High Court will give you protection."

On April, 10, 2024, the Calcutta High Court had ordered that an impartial enquiry is required to be done by an agency which has the power to probe the criminal angle stated to be involved. Therefore, the Court opined that that it was necessary in the interest of justice and fair play, and for expeditious considerations of various complaints and allegations, an impartial enquiry was required to be conducted. The Court said that the State of West Bengal shall provide the required support to the CBI to enquire into the matter.

The High Court had taken suo moto cognizance in response to the newspaper reports of alleged sexual assault, violence and land-grabbing cases in Sandeshkahli, North 24 Parganas, West Bengal. The Court had expressed anguish and concern over the fact that in earlier cases of a similar nature, the Police Authorities took four years to file chargesheets and there was a delay in investigations/inquiries.

Cause Title: Sanjukta Samanta v. Union of India and Ors. (Writ Petition(S)(Cri) NO(S). 236/2024)

Appearances:

Petitioner: Petitioner-in-person

Respondent: Advocates Santosh Mishra, S.K.Pal, AOR Sunil Kumar Sharma.

Click here to read/download the Order