NEW DELHI: The Supreme Court on Monday refused to entertain a petition that sought a probe by the Central Bureau of Investigation (CBI) into the alleged sexual assault cases in West Bengal’s Sandeshkhali, pointing that same issue could not be heard by two courts.
“The high court is already seized of the issue. There cannot be a dual forum hearing,” a bench of justices BV Nagarathna and Augustine George Masih said, observing that the matter was already being considered in a suo motu proceeding by the Calcutta high court.
The petition was filed by lawyer Alakh Alok Srivastava, who sought a raft of directions which included a three-member judicial committee, on the lines of what was formed by the Supreme Court in Manipur violence, to examine claims of sexual assault by women. He also wanted compensation for the victims and action against the guilty officers for dereliction of duty.
The Calcutta high court’s justice Apurba Sinha Ray on January 13 took suo motu cognisance of sexual assault allegations reported in the media in Sandeshkhali and appointed a lawyer Jayanta Narayan Chatterjee as amicus cueriae. “I am very much disturbed with what is going on in Sandeshkhali. It is very unfortunate. Allegations have surfaced that women were sexually assaulted at gunpoint and tribal lands were forcefully taken away,” justice Ray said, citing media reports. The high court will next hear the case on February 20.
As the top court made it clear that it would dismiss the petition, the petitioner should permission to withdraw the plea at this stage and move the high court instead. The bench allowed
the request. “This writ petition is dismissed as withdrawn reserving liberty to the petitioner to seek appropriate relief before the high court of Calcutta.”
Sandeshkhali, a village in North 24 Parganas district of West Bengal, has been witnessing violent protests over allegations of sexual abuse of women by a local TMC leader and his supporters.
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