KOLKATA: The Calcutta High Court on Thursday sought a detailed report from Baruipur district police in connection with the encounter in which the main accused in the brutal rape and murder case of a minor girl was shot dead on July 8 in Baruipur, South 24 Parganas district of West Bengal.
The court has asked the police to submit an affidavit explaining why the main accused was taken to the encounter spot at midnight for reconstruction of the crime scene of the rape and murder and what transpired during the incident.
The next hearing of the case will be held on August 18, and the police will have to submit the affidavit before that.
Prabhas Mondal, the main accused in the Baruipur minor rape and murder case, was shot dead while he allegedly tried to escape from police custody during the reconstruction of the crime scene.
An advocate has filed a public interest litigation (PIL) in the High Court raising questions over the role of the police in connection with the encounter.
Senior advocate and CPI(M) leader Bikashranjan Bhattacharya appeared for the petitioner.
Prabhas was taken to the crime scene in Baruipur at around 12.45 am on the intervening night of Tuesday and Wednesday for reconstruction of the crime scene.
According to the police, while attempting to reconstruct the crime scene after midnight, Prabhas Mondal tried to snatch a firearm and escape. Police said they retaliated in self-defence after the accused fired one round.
He was rushed to Baruipur Hospital after sustaining bullet injuries but was declared dead.
He was one of the four accused in the case and had been seen with the victim in CCTV footage before the alleged rape and murder of the girl.
The three other accused have been identified as Ananda Sardar, Dibakar Sardar and Kabir Mollah.
The division bench of Acting Chief Justice Tapobrata Chakraborty and Justice Parthasarathi Chattopadhyay directed the police to submit an affidavit detailing the incident.
Bhattacharya argued before the court that the reasons cited by the police for the encounter operation were fabricated. He argued that adequate security arrangements were not made while the accused was being taken to the spot for the operation.
He also questioned the timing of the operation and raised doubts over whether the incident was video recorded by the police.
Rejecting the petitioner's arguments, lawyers appearing for the state government said that Prabhas Mondal was taken to the spot for reconstruction of the crime scene of the rape and murder as he had admitted to the crime.
The state government lawyers argued that police fired in retaliation after the accused fired first and that the action was taken in self-defence.
The CID under the West Bengal Police is investigating the Baruipur encounter case.
Soon after Prabhas Mondal's death, his mother Sandhya Mondal refused to claim his body, saying he had faced the consequences of his actions.
"He got what he deserved for what he did," she told reporters after police informed her of his death early on July 8.
She said police had visited her house, confirmed her son's identity and asked whether she wanted to see him.
"I don't want to see his face. I will not go to claim the body, and nobody from the family will either," she said.
The grieving mother also alleged that her son had long been addicted to intoxicants and had never listened to her advice.
The body of the girl, who had gone missing on July 4, was found stuffed in a sack in the Surjyapur Haat area the next day. The incident triggered protests by locals, who blocked the Baruipur-Joynagar Road, burnt tyres and damaged a few police vehicles, demanding the arrest of the accused.
