Calcutta High Court Orders Court Monitored CBI Investigation Into Sexual Assault, Violence And Land Grabbing In Sandeshkhali

The Calcutta High Court last week reserved the verdict in the present matter and remarked on the safety of women in the area and said that even if one of the Affidavits submitted by women complainants is proven, then it is highly shameful.

The Division Bench comprising Chief Justice T.S Sivagnanam and Justice Hiranmay Bhattacharyya ordered, “Considering the nature of the allegation which includes crime against women as well as forcible grabbing of lands of the citizens, including those belonging to Scheduled Tribe, as well as the volume of complaints which have been brought on record before this Court by one of the Petitioners, this Court is of the considered view instead of constituting an expert committee headed by a Retd High Court Judge, the Central Bureau of Investigation may be directed to investigate and submit a report with regard to the allegations and complaints of persons of Sandeshkhali as the CBI is already in session over the investigation in respect of the incident which very recently took place at Sandeshkhali.”

The Court also held 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 Petitioners had prayed for the constitution of an enquiry committee to be headed by the Retired Hon’ble Judge of this Court.

The Court gave the following directions to the CBI, it said “The Parties will be at liberty to file their complaints before the CBI within a period of fortnight from the date of the receipt of the server copy of this order. In order to ensure confidentiality, CBI shall create a dedicated portal/email ID to which complaints can be lodged and the District Magistrate North 24 Parganas shall give adequate publicity of the same in their locality…Also, issue a public notice in a daily newspaper having wide circulation in the area. The publication shall be in the vernacular. Let the copies of the respective affidavits field by the Petitioners containing such allegations be forwarded to CBI. In the event, the complaints disclose cognizable offences, CBI shall proceed in accordance with the law. CBI shall file a comprehensive report as to steps taken in this regard on the next date. CBI shall also enquire into and investigate the allegations of forcible grabbing of lands of the inhabitants of the locality and if such allegations have some foundation basis to initiate action, shall file a comprehensive report on the next date.”

The Court further observed, “It goes without saying that CBI shall have the power to require any person, organisation, government authority, police authorities, quasi-judicial authorities, NGOs, Public Spirited Persons and any others who may be genuinely interested in the matter to furnish information on such point or matters as in its opinion may be useful for or in regard to the matter.”

Furthermore, the Court held that it will monitor the entire CBI Investigation and may pass further orders. The Court directed the District Magistrate to install CCTV Cameras, streetlights, lamps etc. on a priority basis, avoiding vague exercises such as tenders, etc.

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.

The Calcutta High Court had also told the Counsel of the prime accused Sheikh Shahjahan that he shall not exercise his powers as Zila Parishad Pradhan of Sandeshkhali.

Amicus Curiae had submitted his report and it was pointed out that the lands which were grabbed from the innocent people in the locality are in the process of being returned to the respective owners/lessees by the District Magistrate and the Block Development Officer. The Court had said that it is not clear as to whether in that process the land owners/lessees would be able to carry on agricultural operations. In this regard the Court had directed the concerned Department of the State Government of West Bengal, dealing with agricultural operations, to file a report.

A Public Interest Litigation(PIL) had also been filed by AOR Alakh Alok Srivastava before Calcutta High Court seeking justice for the victims of the alleged violence in the area, praying for a High Court-monitored CBI/SIT enquiry into the matter, and seeking constitution of Fact-finding committee, compensation for the victims, deployment of Central Reserve Police Force(CRPF) in the affected area.

Accordingly, the matter is now listed on May 2, 2024.

Cause Title: The Courts On Its Own Motion v. State Of West Bengal, Priyanka Tibrewal v. State Of West Bengal and Ors. and Alakh Alok Srivastava v. State Of West Bengal And Ors. (WPA 4011 of 2024)