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Synopsis

CJI DY Chandrachud led bench of the Supreme Court today agreed to list a PIL seeking transfer of investigation into the alleged sexual assault of women living in West Bengal's Sandeshkhali, to the CBI or to a Special Investigation Team outside the state preferably at Delhi, under monitoring of the top court, in view of the involvement of the ruling party.

Advocate Alakh Alok Srivastava mentioned the plea today before a bench comprising Justices JB Pardiwala and Manoj Misra citing the urgency of the situation.

The plea has also sought a direction for setting up a committee of retired High Court judges like in the Manipur violence case to ensure other relief to the victim women.

"It is quite axiomatic that there are serious allegations of the local leaders of the ruling party of the state of West Bengal sexually assaulting various helpless women of village –Sandeshkhali, District – North 24 Parganas. There are even more serious allegations of the local police of the State of West Bengal being complicit with the said leaders of the ruling party, not taking any action against the offender and rather implicating the family members of the victims themselves in false cases in order to silence them," the plea stated.

Srivastava has also referred to the Calcutta High Court's suo motu order of February 13, contending "the deeply disturbing allegations of sexual assault of the women of Sandeshkhali by the leaders of the ruling party of the state of West Bengal, are evident from a perusal of the relevant portions of the order".

"For quite some time now, three notorious criminals of the locality namely, Sk. Shajahan, Shiba Prasad Hazra and Uttam Sardar, all belonging to the ruling political dispensation, had been torturing the inhabitants of the area in various ways," the High Court had said.

The petition claims 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," it has been contended.

On February 15, at least five victims as per media reports claimed that they had faced the incidents of molestation by the accused persons but they kept silent out of fear. "It seems impossible that the victims would come forward to truly share their plight, if the investigation of the instant case is left to be conducted by the state police authorities," the plea added.

Court has been further informed that National Commission of Women has shockingly found in its enquiry the police had filed complaints against the relatives of women victims instead of filing their complaints and that said victims were being threatened by local police, deterring them from coming out and reporting instances of sexual and physical harassment.

Among his other prayers, the petitioner has sought a direction for adequate compensation for the victims, deployment of central forces, trial in a fast-track court and stringent disciplinary actions against the erring policemen.

Cause Title: Alakh Alok Srivastava vs. State of West Bengal and Others