Petition for Sandeshkhali violence probe redirected to Calcutta HC

Petition for Sandeshkhali violence probe redirected to Calcutta HC

On Monday the Supreme Court of India declined to entertain a public interest litigation (PIL) petition concerning the violence in West Bengal's Sandeshkhali. The petitioner, Alakh Alok Srivastava, had sought a probe by either the Central Bureau of Investigation (CBI) or a special investigative team (SIT) into the matter.

However, the bench comprising Justices BV Nagarathna and Augustine George Masih urged Srivastava not to draw comparisons between the Sandeshkhali incident and the riots in Manipur.

During the proceedings, Srivastava referenced the Supreme Court's previous concerns over sexual violence against women in Manipur. However, Justice Nagarathna cautioned against equating the two situations, emphasizing the need to focus on the specifics of the Sandeshkhali case. The Court suggested that Srivastava could seek relief from the Calcutta High Court, prompting him to withdraw the plea. The bench granted him the liberty to approach the High Court if needed.

The petitioner argued that the prayers in the plea necessitated an investigation involving officers from other states, asserting that the Calcutta High Court might not be able to address the matter effectively. However, both Justices Nagarathna and Bhuyan disagreed, highlighting the High Court's authority to constitute an SIT with officers from other states. Additionally, they noted that the Calcutta High Court had already taken cognizance of the issue.

Srivastava also raised concerns about alleged attacks on Enforcement Directorate (ED) personnel in West Bengal, citing difficulties faced during investigations. He mentioned specific instances of violence against ED officials, further underlining the challenges of conducting trials in the region. Despite Srivastava's arguments, the Court stressed the importance of allowing the Calcutta High Court to handle the case to prevent multiple proceedings before different courts.

Ultimately, Srivastava withdrew the plea with the liberty to approach the Calcutta High Court.

Case: Alakh Alok Srivastava vs. State of West Bengal and others,

W.P.(Crl.) No. 84/2024.

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