The division bench of Chief Justice T S Sivagnanam and Justice Hiranmay Bhattacharyya also directed the Central Bureau of Investigation to create a “dedicated portal” where complaints can be lodged to ensure confidentiality and provide security to victims and witnesses.
“Considering the overall scenario and complexities of the facts involved, we have no doubt in our mind that an impartial enquiry is required to be done by an agency which has power to probe the criminal angle stated to be involved… The state has to provide the required support to the said agency to be appointed by us to enquire into the matter,” the court said.
The division bench order came while hearing a bunch of petitions filed by women from Sandeshkhali, who have levelled sexual assault allegations against local Trinamool Congress leaders close to suspended party strongman Sheikh Shahjahan, apart from complaints of land grabbing and violence.
The court said the parties will be at liberty to file their complaints before the CBI within a fortnight from the date of receipt of this order.
“In order to ensure confidentiality, CBI shall create a dedicated portal/email ID to which the complaints can be lodged and the District Magistrate, North 24 Parganas shall give adequate publicity of the same…,” the court ordered.
Around 600 complaints in the form of affidavits were submitted before the court by petitioner-lawyer Priyanka Tibrewal.
Tibrewal said afterwards, “Seeing the gravity of the complaints, the court today directed transfer of all such complaints to the CBI… It is a victory of the women of Sandeshkhali.”
The court noted further, “In the event the complaints disclose cognizable offence, CBI shall proceed in accordance with the law. CBI shall file a comprehensive report as to the steps taken in this regard on the next date.”
“It goes without saying that CBI shall have the power to require any person, organisation, government authority, police authorities, quasi governmental authorities, NGOs, public spirited persons and others who may be genuinely interested in the matter to furnish information on such points or matters…,” it said.
“With regard to the protection to the victims and witnesses, CBI shall issue necessary directions to the state police as to how and in what manner protection can be granted without insisting upon the strict procedure as stipulated under the witness protection scheme,” it said.
Ordering installation of CCTV cameras in sensitive places and LED streetlights in Sandeshkhali within 15 days, the court directed the state government to sanction necessary funds.
The court will hear the matter next on May 2.
The BJP welcomed the court order. “The court felt that there is merit in the complaints of the women in Sandeshkhali and therefore it has asked the CBI to probe. It also felt that the state police cannot conduct an impartial probe as they are used to protecting TMC leaders who are responsible for unleashing terror in Sandeshkhali,” said BJP state president Sukanta Majumdar.
Trinamool Congress spokesperson Kunal Ghosh said, “Whenever such a strong order is delivered, which goes against the state government, it feels like (former Justice) Abhijit Gangopadhyay has quit, but left his shadow on the judge’s chair… He had shown that there is a tendency among judges at Calcutta High Court to sympathise with the BJP and have an anti-TMC mindset. Their aim is to provide oxygen to the BJP ahead of elections and put the state government in a spot.”