BREAKING| Calcutta High Court Directs IPS Officer Amit P. Javalgi To Supervise Probe Into Moynaguri Sexual Assault Case

The Calcutta High Court vide order dated May 4, 2022 has directed IPS officer Amit P. Javalgi to oversee the investigation into the case of death by suicide by a class eight girl at Moynaguri, West Bengal following the commission of the offence of attempt to rape upon her. 

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 directed, 

"Having regard to the chain of events, which are reflected above as also the nature of allegations which have been made and the circumstances of the case, we are of the opinion that presently the investigation needs to be carried out under the supervision of Shri Amit P Javalgi, IPS, DIG, Jalpaiguri Range. Hence we direct accordingly."

It may be noted that back in June 2017, IPS officer Amit P. Javalgi had been removed from his post of Superintendent of Police, Darjeeling following the protest against Chief Minister Mamata Banerjee by Gorkha Janmukti Morcha (GJM) cadres and the resultant violence that led to the resurrection of demand for Gorkhaland. 

The Court 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.

During the proceedings, senior advocate Kishore Datta had 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. 

Consequently, during the lunch break, Justice Rajarshi Bharadwaj had 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 Court further clarified that it has not rejected any prayer for a CBI probe made by the petitioner and accordingly observed, 

"We make it clear that we have not rejected or closed any of the prayer made in the petition."

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.

The matter is slated to be heard next on May 11. 

In the recent past, several investigations into rape cases have been ordered to be supervised by senior IPS officers. 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 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.

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

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

Case Citation: 2022 LiveLaw (Cal) 159

Click Here To Read/Download Order