Moynaguri Sexual Assault: Calcutta HC Recommends Police Investigation Supervised By Senior IPS Officer As Victim's Father Opposes CBI Probe

A Division Bench of the Calcutta High Court on Wednesday interacted in person with the father of the deceased minor victim upon whom an attempt to rape had been committed at Moynaguri in West Bengal last month. The purpose was to ascertain whether his request to now allow a CBI investigation in the matter is out of his own free will or due to political pressure. 

The minor victim girl who had set herself ablaze following a threat to withdraw a police complaint regarding the rape attempt on her, succumbed to her injuries in a state-run hospital on April 25. Consequently, a renewed prayer for a CBI probe had been made by the concerned petitioner. 

A Bench comprising Chief Justice Prakasha Shrivastava and Justice Rajarshi Bharadwaj was adjudicating upon a Public Interest Litigation (PIL) petition moved by women advocates of the High Court seeking a CBI probe into 5 recent rape cases that are reported in various districts of West Bengal last month. Incidents of rape have been reported to have taken place at Netra and Namkhana villages in South 24 Parganas district, at Pingla in West Midnapore district, at a village near Santiniketan in Birbhum district and at Mainaguri of Jalpaiguri district in West Bengal last month.

On the last date of hearing, the petitioner had apprised the Court that the prime accused who is purported to be a member of the ruling Trinamool Congress Party had been granted bail in the case despite the offence being cognisable and non-bailable. The Court was further informed that two men with their faces covered had come to the victim's house on April 13 when the victim was alone and had threatened her to withdraw the police complaint. Thereafter, the terrified girl had set herself on fire the next day, it was submitted further.

It had also been contended that initially the family of the victim had vehemently demanded a CBI probe into the case but however later they changed their stance allegedly due to political pressure. A pen drive containing relevant video clips pertaining to the incident had also been submitted before the Court.

On Wednesday, senior advocate Kishore Datta apprised the Court that the father of the deceased victim is present in Court and that he had expressed his desire to not transfer the investigation to the CBI.

Accordingly, during the lunch break, Justice Rajarshi Bharadwaj interacted with the father of the deceased victim in person for the limited purpose of ascertaining whether the statement made by him was under pressure or out of his own free will. 

Recording in the order the disclosures made by the father of the deceased victim, the Court observed, 

 The father of the victim has disclosed that when the victim was in the hospital, she had asked him to ensure that the accused who had committed the crime, must be punished. He has also disclosed that he does not understand what is meant by C.B.I. He has also stated that the brother of the accused is a leader of the ruling party and that he was asked by the local residents of the village that the police is investigating the matter and arrest has been made, therefore what is the need for investigation by the C.B.I.

Furthermore, the Court recorded that the father of the deceased victim had averred that he was given the contact number of senior advocate Kishore Datta by one of the local residents and accordingly he had contacted him. 

The Bench further observed that having regard to the chain of events, the nature of allegations made and the circumstances of the case, the investigation must be supervised by a senior IPS officer. Accordingly, the Bench granted time to the petitioner to recommend the names of senior IPS officers who could spearhead the investigation in an impartial manner. 

The Bench further extended police protection to the family members of the deceased victim and other witnesses of the case and underscored that the Director General & Inspector General of Police, West Bengal will be made responsible to ensure that no threat is extended to them. 

"Meanwhile, proper security is also required to be provided to the family members of the victim and the witnesses. Therefore, the Inspector General of Police, West Bengal is made responsible to extend full protection to them and to ensure that no pressure is exerted and no threat is extended to them", the Court order further. 

The Court further clarified that it has not rejected any prayer for a CBI probe made by the petitioner and accordingly listed the matter for further hearing on May 11. 

The Chief Justice also orally remarked while addressing the petitioner, "If you receive any information that they are not protected, immediately file an application we will consider that aspect". 

During the proceedings, the counsel for the petitioner also filed an affidavit of two seizure witnesses in respect of the seizures which took place on April 26 and April 23, 2022. She submitted that in respect of one of the seizures, the signature had been obtained upon misrepresentation and that in respect of another seizure the signatures of the two persons had been forged. 

The petitioner also filed an affidavit along with a pen drive containing video clips which involved the versions of the victim's sister, father and the accused.  An affidavit containing the certified copies of the seizure list and the complaint made in this regard to the Superintendent of Police, Jalpaiguri was also filed before the Court. 

Accordingly, the Court granted Advocate General S.N Mookherjee appearing for the State to file affidavits-in-opposition to the allegations made within a period of 2 days. 

The Court had earlier taken on record the status report as well as the case diary pertaining to the investigation into the rape case. Furthermore, the Court had earlier directed IPS officer Parul Kush Jain to oversee the probe in the Pingla rape case wherein an alleged attempt to rape was made on a differently-abled woman by a local panchayat member said to have affiliation to the Trinamool Congress at Pingla in West Midnapore district on April 11.

The Court had earlier also ordered IPS officer Damayanti Sen to oversee the probe in the Namkhana rape case wherein a 40-year-old woman was reportedly gang-raped on April 8 by five men in West Bengal's Namkhana village and an attempt had also been made to pour kerosene inside the victim's private parts and set her ablaze. The Court had earlier also directed the IPS officer to supervise the investigation of 4 other recent rape cases in Deganga, Matia, Ingrejbazar and Banshdroni villages of West Bengal. The direction was issued while adjudicating upon two Public Interest Litigation (PIL) petitions seeking a CBI probe into the rape case.

Case Title: Pallabi Chatterjee and Ors v. State of West Bengal and other connected matters.

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