Judge’s directive after Durgapur rape case hearing deferred for absence of prosecutor
The Statesman | 5 December 2025
Disgusted with the recurring absence of the special public prosecutor at the hearings of the Durgapur medical college student’s alleged gang rape case, the Special Additional Sessions Judge was compelled to adjourn the Court late in the afternoon today. He reminded the concerned public prosecutor that his presence in the Court was essential for the sake of a speedy trial of the case.
In his note, Judge Lokesh Pathak stated: “The learned advocates representing the accused persons have left the courtroom at 3:45 pm after waiting 1:15 hours for the learned Special PP. Under such circumstances, I have no alternative except to adjourn this case for the day.”
He issued special directions to the Special PP, Bivas Chatterjee, who has been engaged by the Asansol Durgapur Police Commissionerate to plead on state’s behalf in the case. His “long absence”, as the defense lawyers put it, “has consistently been injuring the Court proceedings”.
On Chatterjee’s behalf, his junior Moumita Biswas has been appearing for the last fortnight. The defense counsels, including veteran lawyers Soumen Mitra and Sekhar Kundu, have raised questions about Biswas’ legal validation for representing the Special PP. The tenure of her legal practice did not meet the requirements of the legal framework of the case, they said.
Biswas enrolled as a lawyer in 2022 (Enrollment Number: PH/8020/2022) and submitted her authorisation under Section 2(1) (v) of Bharatiya Nagarik Suraksha Sanhita 2023. Section 18 of BNSS, however, stipulates that a lawyer appearing as the PP should have a minimum experience of 10 years, Mitra pointed out, adding, “How can hearings run like this? It’s unethical.”
Chatterjee has refuted the charge saying: “The Supreme Court has empowered the Special PP to assign a suitable lawyer to plead on his behalf and for this they shouldn’t have any objection.” He told The Statesman this evening: “We equally want a speedy trial of the case to ensure conviction.”
This explanation notwithstanding, and backed by the Judge’s directive, the defense lawyers vacated the courtroom, protesting the “exorbitant delay” in the arrival to the Court by the PP’s junior at 3:45 pm today. The proceedings of the case were to begin at 2:00 pm today and the defense counsels duly arrived. None on PP’s behalf appeared. In his second note-sheet issued at 2:30 pm, Judge Pathak had mentioned: “No witness is present. Learned Special PP also found absent.”
The IQ City Medical College student hailing from Jaleshwar, Odisha, was allegedly gang raped in a jungle area near the college last 10 October late evening. Six persons including her boyfriend Wasef Ali were arrested in this connection.