The Supreme Court has refused to entertain a PIL seeking a court-monitored CBI or SIT probe into the violence in West Bengal’s Sandeshkhali village, saying the incidents cannot be compared to the savagery in Manipur. This is big releif for West Bengal Chief Minister Mamata Banerjee.
A bench of Justices B V Nagarathna and Augustine George Masih said the Calcutta High Court is already seized of the matter.
“The local high court will be the best to assess the situation. Let there be no dual forums,” the bench said while granting liberty to the PIL petitioner to approach the high court.
According to PTI, As the hearing began, petitioner-lawyer Alakh Alok Srivastava said disturbing incidents have come to light where a number of women have claimed they have been raped.
The top court said one of the judges of the high court has also taken cognisance of the alleged incidents. It can consider transferring the case to the CBI, the bench said.
The petitioner said the situation in the state is so bad that even the CBI has to approach the apex court to seek trial of post-poll violence cases outside West Bengal.
“We understand your eagerness and sympathy for the victims but monitoring of an investigation by this court is completely different,” the bench said.
Senior advocate Jaideep Gupta, appearing for the West Bengal government, submitted the high court has taken cognisance of the alleged incidents and some arrests have also been made.
When Srivastava referred to the top court having formed a committee of three former women high court judges to oversee the investigation, relief and remedial measures in Manipur, where also women were sexually assaulted, the bench said,”Don’t compare Manipur with this. Don’t make different cases comparable.” As the bench was disinclined to entertain the matter, Srivastava withdrew the PIL. The matter was dismissed as withdrawn.
“The petitioner who has appeared in person, after arguing the matter for some time, sought permission to withdraw this petition filed under Article 32, with liberty to seek reliefs before the Calcutta High Court. Consequently, this writ petition is dismissed as withdrawn while granting liberty to the petitioner to seek appropriate relief before the Calcutta High Court,” the bench said in its order.
The plea filed by Srivastava in his personal capacity, sought compensation for the victims of the Sandeshkhali violence and action against officials of the West Bengal Police for alleged dereliction of duty.
The plea also sought transfer of the probe and subsequent trial outside West Bengal, besides an inquiry by a three-judge committee as done in Manipur.
