'Success In Trial Not Ground To Stall Repatriation': Calcutta HC Grants Relief To Bangladeshi Trafficking Victim Pending Trial Against Accused

The Calcutta High Court has recently come to the aid of a victim of human trafficking by observing that impairing chances of a successful trial cannot be a ground to stall the repatriation of the victim to her own country from protective custody. 

Justice Jay Sengupta was adjudicating upon an appeal preferred against the decision of a Single judge bench order vid which the victim's application for being repatriated to her native country had been rejected on the ground that it would damage the chances of the trial in the case.

In the instant case, the victim is a Bangladeshi national who was trafficked to India for the purpose of exploitation in the flesh trade. After her recovery on December 9, 2017, she had been kept in the protective custody at a Home. A case had been registered by the police authorities against accused persons under Sections 370, 371, 120B, 34 of the Indian Penal Code and Sections 3, 4, 5, 7 of the Immoral Traffic Act. Thereafter, a charge-sheet was also filed by the investigating agency, though it was not successful in apprehending  the accused. 

Opining that success in a trial cannot be a ground to stall the repatriation of the victim, the Court underscored, 

"Success in the trial cannot be a ground to stall repatriation of the victim lady to her own country. Afterall, she is a victim in this case and while the accused are at large, the victim is languishing in protective custody."

Accordingly, the Court set aside the impugned order and further directed that there should be no impediment in having victim repatriated to her own country. The concerned authorities were ordered to take necessary steps in this regard. Liberty was also granted to the petitioner to return to India upon carrying necessary travel documents and depose in the trial in question.

Case Title: Shukla Mondal @ Sumi v. State of W.B. & another

Case Citation: 2022 LiveLaw (Cal) 212 

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