BREAKING | Calcutta High Court Directs CBI To Undertake Court-Monitored Probe Into Allegations Of Rape & Land Grabbing Of Locals In Sandeshkhali

The Calcutta High Court has directed the Central Bureau of Investigation (CBI) to undertake a probe into the allegations of rape of women and land grabbing of locals by miscreants under the influence of local leader Shahjahan Sheikh. The Court has directed the CBI to submit a report on the same for a court-monitored probe into the allegations.

Earlier, a division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya had transferred the probe into the attack on ED officials by Shahjahan's men in Sandeshkhali to the CBI.

At the present juncture, the Court was considering various PILs for an independent probe into the allegations of rape and land grabbing which came to light after the attack on the ED convoy made national headlines. The Bench had reserved its orders on the issue on an earlier date.

Notably, the Chief Justice had orally remarked that even if 1% of the allegations were true, then the State should owe moral responsibility.

In dealing with the submissions by Sheikh's counsel, the Court stated that since his custody had been transferred to the CBI, he could approach the relevant authorities in a lawful manner, but that the accused had no right to be heard in the present proceedings.

On the Advocate General's submissions raising doubts about the political interest of the litigants, the Court remarked that while the stance was a fair one, the present case had been initiated suo moto by Justice Apurba Sinha Ray based on newspaper reports, and thus the question of the interest of the litigants would not arise in such a scenario.

It further stated that in line with the Supreme Court's directives, just because a public interest litigation had been initiated by a litigant belonging to a political party would not merit for it to be thrown out at the threshold.

In considering the submissions of the various litigants, as well as the amicus curiae appointed by Justice Sinha Ray, the Court noted that:

As on date we are convinced that there is a prima facie material available for a full-fledged enquiry to be conducted or in other words a fact finding exercise to be conducted so as to evolve a solution to the problem and if it is established that women were gang raped, sexually exploited, the lands from the local people were forcibly grabbed etc. necessary action has to be directed to be taken in accordance with law.

Court further took judicial notice of the fact that the State had set up a commission for returning the lands of those whose lands were grabbed and stated that the State had a duty to compensate the victims as well, since it had accepted the stance that land was indeed grabbed.

In recording a report submitted by the National Commission For Scheduled Tribes, the Court noted that:

The report states that they have interacted with several people who have mentioned about the physical violence, land grabbing and harassment meted out to them by the accused and others and this has been happening for a few years and those persons have been indulging in the acts of atrocities, the women are rounded up at nights from their homes and asked to accompany them to a particular place and if they resist, their husbands and sons were beaten up. Thereafter the women were molested and the vulnerable ones who cannot fight back were raped.

Court noted that the report stated that locals in the area had been gripped by a fear psychosis and that they had not faith that any action would be taken.

It also observed that those who deposed before a team belonging to the commission did not want their identities revealed and were living under constant fear without help or response form the local police, in whom the local people had no faith.

The report drawn by the National Commission for Scheduled Tribes cannot be outrightly rejected more particularly, when the National Commission is a constitutional body under Article 338 A of the Constitution of India. Therefore, prima facie we have to give credence to the report subject to the objections, the Court stated.

Accordingly, in keeping in mind the complex scenario in the present case, the Court stated that an impartial enquiry would be needed by an agency to probe the criminal angles involved, and hence directed the CBI to look into the same and submit a report.

In order to ensure confidentiality, CBI shall create a dedicated portal/email ID to which the complaints can be lodged and the District Magistrate, North 24 Parganas shall give adequate publicity of the same in the locality and also issue a Public Notice in the dailies having wide circulation in the areas. The text of the publication shall be in vernacular, it further directed.

Court further ordered that the administration shall install CCTV cameras at sensitive places in the area and that street lights and LED lights shall also be installed.

In regard to witness protection, the Court directed the CBI to issue necessary directions under the Witness Protection Scheme.

Matter has been listed for 2nd May 2024.

Order to be added shortly.

Case: In Re: Court on its own motion v The State of West Bengal