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Two intervention applications filed through Advocate Ravi Sharma and Advocate Shoumendu Mukherji have been moved in the matter of Biswajit Sarkar & Anr v. Union of India, seeking investigation into incidents of assault and rape, post West Bengal election results.

A 64 year old woman has approached the Top Court, alleging that on the intervening night of May 4 and May 5, 2021, 5 ruling party members/supporters entered her house and committed acts of assault and rape, in the presence of her 6 year old grandson. Relief has been sought for impleadement in the aforementioned matter, seeking CBI/SIT probe in post poll violence and also transfer of consequent trial outside the State of West Bengal.

“Not merely the said crimes were facilitated by the inaction of the State authorities/Police, but what is shocking is post crime humiliation that the victims were subjected to, for their perceived audacity in reporting the crime. The perversity of the investigation as is being carried out by the local police can be inferred from the fact that while the rape was committed by five accused who were all named by the victim, as is evident from the medical report nevertheless the police has deliberately chosen to name only one of the five accused in the FIR”, the application states.

It is further alleged that before leaving the house of the applicant, the accused(s) looted all her belongings, gold earrings, cash, and even property documents.

In the second Intervention Application moved by a 17 year old minor, it is contended that the applicant was attacked and gang raped only for her father’s political affiliations and religious beliefs.

“It is amply clear that Rule of law in the State of West Bengal is being brazenly flouted and its law enforcement agencies, who instead of conducting fair investigation and sympathizing with the applicant/victim are rather working towards shielding power accused persons and to achieve that end have been threatening the victim and her family members”, says the plea.

In yet another application, widow of one Shri Dharama Mondal who was beaten to death for having supported other than the ruling party, moved to the Supreme Court on similar grounds. It is alleged that the applicant’s husband and brother in law were identified and assaulted post-election results, in the broad daylight of May 14, 2021 while she struggled to survive the rape attempt committed by the members of the same violent mob.

The said two IAs are listed tomorrow before a Division Bench of Justice MR Shah and Justice Indira Banerjee.

On May 18, Court had sought response of West Bengal Government. Senior Advocate Mahesh Jethmalani appeared for the Petitioners.

On May 25, Directions were issued for filing of a counter affidavit in the matter.

It is contended in the main plea that, “The State Government has abdicated its responsibility. The law enforcement agencies are failing to function and acting as mute spectators at the instructions of the State Government as their party cadres go on a rampage unchecked. The investigation is stage managed. Owing to the sensitive nature of the cases and lackadaisical attitude of the law enforcement agencies, constitution of a SIT is imperative. The present environment in West Bengal is such that it is impossible to hold a fair and impartial trial uninfluenced by extraneous considerations.”

Case Title: Biswajit Sarkar & Anr v. Union of India & Anr| WP (Crl) 210 of 2021