HC directs CBI to take over probe into alleged rapes, land grabbing in Sandeshkhali

The court had been considering various PILs for an independent probe into the allegations of rape and land grabbing by miscreants under the influence of local TMC leader Shahjahan Sheikh.
Sandeshkhali women wait to meet a National Commission for Women (NCW) representative
Sandeshkhali women wait to meet a National Commission for Women (NCW) representativeFile Photo | PTI

KOLKATA: Days after the Calcutta High Court directed the CBI to probe the attack on ED officials at Sandeshkhali, the court on Wednesday also directed the central agency to take over the probe into the allegations of rape and land grabbing by miscreants under the influence of local TMC leader Shahjahan Sheikh. The court has directed the CBI to submit a report for a court-monitored probe into the allegations.

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

The 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.

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

The court had been 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.

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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, "As on date we are convinced that there is a prima facie material available for a full-fledged enquiry to be conducted."

The High 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 said 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, "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."

The Calcutta High Court further noted that the report stated that locals in the area had been gripped by a fear psychosis and had no 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 from the local police, in whom the local people had no faith.

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 it and submit a report.

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