[Breaking] Sandeshkhali Violence Case || Calcutta HC Directs CBI Probe

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Today (10th April): The Calcutta High Court ordered Central Bureau of Investigation (CBI) probe into the Sandeshkhali case. The court will closely monitor the investigation and has specifically instructed the CBI to submit a report on the illegal conversion of agricultural land for pisciculture.

Kolkata (April 10): The Calcutta High Court ordered a Central Bureau of Investigation (CBI) probe into the alleged crimes against women and forcible land grab in Sandeshkhali, a region in West Bengal. The court will closely monitor the investigation and has specifically instructed the CBI to submit a report on the illegal conversion of agricultural land for pisciculture.

A division bench comprising Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya declined to form an Enquiry Committee led by a retired High Court judge and instead transferred the investigation to the Central Bureau of Investigation (CBI).

“We are convinced that an impartial investigation is necessary, involving an agency empowered to probe the alleged criminal aspects. Therefore, in the interest of justice and fairness, and for the swift resolution of the complaints and allegations, we find it necessary to conduct an unbiased inquiry. The state must extend full support to the appointed agency for the investigation.”

“This Court has carefully considered the number of complaints submitted. Rather than forming an expert committee led by a retired High Court Judge, we direct the CBI to conduct an investigation and provide a report regarding the allegations and complaints from individuals in Sandeshkhali. The CBI is already handling an investigation related to a recent incident in Sandeshkhali, and therefore, it is appropriate for them to look into these matters as well,” ruled the bench.

The Court considered Advocate General Kishore Datta’s argument that

PILs should not be driven by political or personal interests, emphasizing the importance of genuine public interest. However, since the court took suo motu cognizance of the matter, assessing the genuineness of the PIL or the litigants’ motives is deemed irrelevant. Therefore, the Court rejected the State’s contention that the PIL cannot be entertained, particularly given the incidents in Sandeshkhali that have not been proven wholly incorrect or palpably false, as highlighted by the bench.

The case came to light when a team of officials from the Enforcement Directorate (ED) was assaulted by villagers during a raid at the residence of former Trinamool Congress leader Shajahan Sheikh. The raid was conducted in connection with an alleged ration distribution scam in West Bengal.

Recent allegations of sexual atrocities against women and land grabs have been leveled against local leaders affiliated with the ruling Trinamool Congress in Sandeshkhali, located in the North 24 Parganas district.

The court has specifically directed the CBI to investigate the conversion of agricultural land for pisciculture, addressing environmental and land use violations in the region.

The CBI, known for its expertise in conducting impartial and thorough investigations, will now take charge of the case and work towards gathering evidence and uncovering the truth behind the alleged crimes.

The order of the Calcutta High Court follows a series of disturbing incidents and accusations that have raised concerns about the safety and well-being of women and the misuse of land in Sandeshkhali.

The Court emphasized that

In cases of reported large-scale land grabbing, the State has a responsibility to address the situation and support the rightful landowners, rather than solely relying on the accused to take remedial actions. Given the alleged involvement of the State machinery in such cases, including land mutations in revenue records, the State has a duty not only to compensate the victims but also to take appropriate relief measures.

Case Title: The Court on its own motion vs The State of West Bengal

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author

Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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