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Synopsis

The Calcutta High Court on Wednesday directed the formation of a Special Investigation Team (SIT) to probe the alleged gangrape of a woman in West Bengal’s Sandeshkhali, in which Trinamool Congress (TMC) leader Dilip Mallik is an accused.

A Single judge bench comprising Justice Tirthankar Ghosh, passed the order, highlighting delays in the ongoing investigation. The court directed the Sandeshkhali Police to transfer all case records to the newly formed SIT.

The investigation team will include Rahul Mishra, IPS and SDPO, Baduria, Basirhat Police District along with Bireswar Chatterjee, Assistant Commissioner of Police, Homicide Section, Detective Department, Lalbazar. “The two senior officers would choose a team of Inspectors and Sub-Inspectors according to their choice for conducting investigation of the case,” ordered the court.

Sandeshkhali, in North 24 Parganas district, gained widespread attention in February last year, when villagers, particularly women, staged protests against the ruling Trinamool Congress (TMC) and its leader Shahjahan Sheikh. The demonstrators accused Sheikh and his associates, of land encroachment and severe atrocities, including sexual assault and coercion. Several women claimed that they were forcibly involved in land-grabbing activities under threats and intimidation. Tensions escalated in May 2024 again, when TMC leader Dilip Malik, along with a group of supporters, allegedly verbally abused and physically assaulted women in Sandeshkhali.

On January 27, 2025, while reviewing the case diary, the court expressed dissatisfaction with the progress of the investigation. In response, Advocate General Kishore Datta assured the court that a list of officers who would conduct and supervise the probe would be submitted. During the recent hearing, the State presented the list of officers, but the court, considering the location of the incident, directed the formation of an independent SIT to handle the case. “Already there has been delay in the case,” the court remarked, emphasising the need for a swift and effective investigation in the case registered at the Sandeshkhali police station on May 16, 2024.

The court further directed the Sandeshkhali Police to transfer all case records to the newly formed SIT and ordered the team to submit a progress report within a month to the Additional Chief Judicial Magistrate (ACJM), Basirhat. “A progress report be submitted by the said SIT so constituted once in a month to the learned ACJM, Basirhat. The present investigation team will put in efforts as there has already been delay, collect materials if required send the samples collected or samples required to be collected to the forensic experts and apply their mind so that effectively the investigation of the case can be taken to its logical conclusion,” the court stated.

Additionally, the court ordered, “In case the district administration decides to withdraw the protection given to the petitioner, the district administration will inform the learned ACJM, Basirhat prior to withdrawal of the same.”

 

Cause Title: XYZ v. The State of West Bengal & Ors. [W.P.A. 560 of 2025]

Appearance: Mr. Sabyasachi Chatterjee, Mr. Subhrajit Saha, Mr. Badrul Karim, Mr. Omar Farooq Gazi, Ms. Monalisha Sinha ... For the Petitioner. Mr. Kishore Datta, Ld. Adv. General, Mr. Swapan Banerjee, Ld. AGP, Ms. Sumita Shaw, Mr. Soumen Chatterjee, Mr. Debangshu Dinda … For the State.