'Suggest Name Of High Ranking Police Officer To Oversee Investigation': Calcutta HC Declines CBI Probe Into Minor's Rape In WB's Basirhat

The Calcutta High Court on Monday refused to order a probe by the Central Bureau of Investigation (CBI) into the gruesome incident of rape of a minor 11 year old girl at Matia in North 24-Parganas' Basirhat but granted leave to the petitioners to suggest the name of a high ranking police officer from the police department of West Bengal under whose supervision the investigation can be carried out. 

An 11-year-old schoolgirl, who went missing, was found unconscious from a near a park in Matia on March 25. Preliminary probe by police revealed that she was raped.

Police took the girl to Basirhat Super Specialty Hospital from where she was shifted to RG Kar Hospital in Calcutta. Police on Saturday arrested an aunt of the girl and accused Shahar Ali Sadar, 20, from Domjur in Howrah. A Basirhat Court has sent the arrested duo to six days of police custody. 

A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj on the last date of hearing had directed Advocate General S.N Mookherjee to produce before the Court a report in the form of an affidavit containing the stage and status of investigation into the incident. The Bench had further called for the case diary to be filed before the Court on the next date of hearing.

On Monday, the Court took on record the status report as well as the case diary submitted by the State government. The report revealed that the victim had received multiple injuries and was found in a critical condition. 

The State government further informed the Bench that a special Medical Board gas been constituted by RG Kar Hospital for the treatment of the victim who is currently admitted in the Paediatric ICU. The status report further stipulated that offences have been registered against the concerned accused persons and that arrests have been made. 

The Court was also apprised that a team of 5 police officers have been constituted to supervise the ongoing investigation. However, it was submitted that till now the statement of the victim under Section 164 CrPC has not been recorded. 

The Advocate General informed the Bench that on account of the critical condition of the minor victim no statement has been recorded yet under Section 164 CrPC and that such statement would be recorded pursuant to the advice if the concerned Medical Board. 

During the proceedings, one of the counsels for the petitioners vehemently argued for the investigation to be transferred to the CBI for an impartial probe. However, the Bench declined to issue such a direction at the present stage and instead remarked orally, "If at any point of time we feel that there is a deficiency in the investigation, we will duly consider the prayer".

However, the Bench granted leave to the petitioners to suggest the name of a high ranking police officer under whose supervision, the investigation can be carried out.

The Court also directed the State government to submit a medical report detailing the present medical condition of the victim as per the Court's earlier directions within 2 days. The Advocate General also informed the Court during the hearing that the minor victim girl is conscious and is doing well. 

Accordingly, the matter has been listed for further hearing on April 12.  

Case Title: Sumitra Bhattacharyya v. State of West Bengal and other connected matters