Kolkata: The Calcutta High Court on Wednesday ordered a CBI investigation into allegations of crimes against women and land grabbing in West Bengal’s Sandeshkhali, which had witnessed protests over the issues.
Stating that the investigation will be monitored by the court, a division bench presided by Chief Justice T S Sivagnanam directed the CBI to file a comprehensive report on the alleged illegal conversion of agricultural land into water bodies for pisciculture after conducting a thorough inspection of revenue records and physical inspection of land alleged to have been converted.
The court directed the Central Bureau of Investigation (CBI) to investigate allegations of crimes against women and land grabbing in Sandeshkhali and submit a comprehensive report to it on the next date of hearing.
The bench, also comprising Justice Hiranmay Bhattacharyya, directed that the matter be heard again on May 2, the date on which the CBI was asked to file the report.
ED officials were attacked on January 5 by a mob when they went to Sandeshkhali to search the premises of now-suspended Trinamool Congress leader Shajahan Sheikh in connection with a ration distribution scam case.
Passing the judgement, the court observed that an impartial inquiry is required to be done by an agency which has the power to probe the criminal angle stated to be involved.
“In the interest of justice and fair play and for expeditious consideration of various complaints and allegations, an impartial inquiry is required to be conducted,” the court said.
The state was directed to provide the required support to the agency.
Noting that the petitioners had prayed for the constitution of an enquiry committee to be headed by a retired judge of the high court, the division bench said that it decided to order an investigation by the CBI considering the nature of allegations involving crimes against women and grabbing of land of locals, including those belonging to Scheduled Tribes and the volume of complaints placed before it by one of the petitioners.
Around 600 complaints in the form of affidavits, including those of alleged sexual atrocities, land grabbing and other crimes such as assault and destruction of property, had been submitted before the court by petitioner-lawyer Priyanka Tibrewal.
Directing that the copies of the affidavits filed by the petitioner be forwarded to the CBI, the court said that if the complaints disclose cognisable offences, the agency will proceed in accordance with the law.
The bench directed that the parties in the matter, which involved a suo motu motion by the court over allegations of sexual atrocities on women and land grab of people belonging to Scheduled Tribes along with a few PILs, can submit their complaints within a fortnight to the CBI.
It said that to ensure confidentiality, the investigating agency will create a dedicated portal or email ID for the registration of complaints.
The court said it decided to hand over to the CBI the probe with regard to allegations and complaints of people of Sandeshkhali as the central agency is already investigating the attack on ED officials there.
The court directed the district magistrate of North 24 Parganas to give adequate publicity of the order in the area and issue a public notice in newspapers in Bengali script.
The court said the CBI will have the power to require any person, organisation, police, government authority, and others to furnish information on matters which may be useful or relevant to the matter.
Ordering installation of CCTV cameras in sensitive places and LED street lights in Sandeshkhali within 15 days, the court directed the state government to sanction necessary funds.
The bench asked the CBI to issue necessary direction to the state police as to how and in what matter protection to the victims and witnesses can be granted without insisting on the strict procedures stipulated in the ‘witness protection scheme’.
Prayers were also made for the transfer of investigation to a central probe agency and trial to a fast-track court in Delhi, apart from payment of compensation to the victims by the petitioners in the PILs.
The court said that by way of illustration, if one of the affidavits is perused, the deponent is a woman who alleges that certain persons whose names have been given in the affidavit abducted her from her residence and gang-raped her one by one till she collapsed.
It is further stated in the affidavit that after she regained consciousness, she was once again put to the same trauma and sexually abused. Thereafter she was sent to her residence by those persons in their vehicle threatening her of dire consequences including murder of her children and husband, the court noted.
Advocate General Kishore Dutta, representing the state government, had informed the court that 43 FIRs were registered, with the earliest being four years ago while the last complaint was in February this year.
Out of the 43 FIRs, in 42 cases charge sheets have been filed under various sections of the Indian Penal Code, Dutta had told the court.
The bench said that the fact that the state government came forward to hand over the land back to the rightful owner is more than sufficient to establish that land was forcibly taken.
Holding that the mere fact that the government has taken steps to revert the land back to the rightful owner does not efface or mitigate the offences of land grabbing, the court said that the persons who are responsible for such offences of land grabbing have to be brought to the book.
“If lands have been grabbed and mutation has been done in the revenue records then it goes without saying that the state machinery is also involved in the process,” the court observed.
It said that the state, therefore, has a duty to compensate the victims of crimes apart from other relief measures.
