SC Declines To Entertain Plea Seeking SIT Probe In Sandeshkhali Incident, Notes Calcutta HC Took Cognisance Of Issue

New Delhi [India]: The Supreme Court on Monday observed that the Calcutta High Court has taken cognisance in the matter relating to the alleged sexual assault of women living in village Sandeshkhali in West Bengal and refused to entertain a plea seeking a probe by the Central Bureau of Investigation or Special Investigation Team (SIT) into the issue.

A bench of justices BV Nagarathna and Augustine George Masih remarked that the plea seeking a probe by the Central Bureau of Investigation or Special Investigation Team (SIT) can be considered by the High Court.

The bench also noted that the High Court has already taken cognisance of the issue.
After the top court did not get convinced by the petitioner, Advocate Alakh Alok Srivastava withdrew the petition from the Supreme Court. However, the court granted liberty to the petitioner to approach the Calcutta HC with his prayer.

The plea has been filed by Advocate Alakh Alok Srivastava, who has moved the Supreme Court to seek the transfer of the investigation and subsequent trial outside West Bengal in connection with the alleged sexual assault of women living in village Sandeshkhali in West Bengal.

The plea moved by Advocate Alakh Alok Srivastava also sought a probe by the Central Bureau of Investigation or a Special Investigation Team (SIT) under SC monitoring.

He called the incident deeply disturbing and expressed a reasonable apprehension that the free and fair investigation and trial of the instant case cannot be done in the state of West Bengal and hence, the same deserves to be transferred outside the state of West Bengal in the interest of justice.

"The inaction of the local police authorities is evident from the fact that the said main accused, Sheikh Shahjahan, is absconding and has not been arrested till now. Furthermore, there are serious allegations of the local police authorities acting hand in glove with the said main accused, Sheikh Shahjahan, at the behest of the ruling dispensation and thus, it is further in the interest of justice to transfer the investigation of this case to Central Bureau of Investigation ("CBI") or a Special Investigation Team ("SIT") under the monitoring of this (Supreme Court) court," the plea said.

Advocate Alakh Alok Srivastava, in his Public Interest Litigation (PIL), also sought to form a committee of three retired judges of high courts, in line with the committee formed in the Manipur atrocity case.

Advocate has urged the top court to issue direction to grant compensation to the victims of the sexual assault in the said village, Sandeshkhali, under the relevant victim compensation schemes; and to deploy central paramilitary forces for the protection of the concerned witnesses and victims.

He also sought direction to conduct the trial of the aforesaid case, upon completion of the investigation, in a Fast Track Court situated in Delhi, in an expeditious and time-bound manner; and to issue direction to the State of West Bengal to initiate stringent disciplinary action as well as penal action against the erring policemen.