The Calcutta High Court on Tuesday directed the Central Bureau of Investigation (CBI) to probe the rape and death of a 14-year-old student at Hanskhali in Nadia district. The division bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj said a probe by the central agency is necessary to have fair investigation in the matter and to instill confidence in the family of the victim.
“In the circumstances of the case and after considering the above legal position, we are of the opinion that in order to have fair investigation in the matter and to instill confidence in the family members of the victim and also the residents of the locality and the State, the investigation should be carried out by the CBI instead of the local police, “ the Division Bench said in its order.
The division bench heard a petition earlier in the day demanding a CBI probe in the case but reserved its order. The Court directed the State Investigating Agency to hand over the investigation to the CBI with immediate effect.
“The State Investigating Agency will hand over all the papers relating to the investigation along with the custody of the accused persons to the CBI forthwith. The CBI will furnish a report about the progress of investigation before this Court on the next date of hearing. The concerned authorities are also directed to extend full protection to the family members of the victim and witnesses of the case,” the Division Bench pointed out.
The matter will come up for hearing on May 2.
The alleged crime occurred on April 4 and the girl died the following day. The matter came to light on April 10 when the police arrested the son of a local Trinamool Congress leader in connection with the crime. On Monday, Chief Minister Mamata Banerjee’s comments raising questions on the veracity of the allegation and the victim created a flutter in political circles.
“Criminal Investigation in shameful rape #Hanskhali leading to victim death is tainted & compromised when people in authority & constitutional position indicate judgmental stance. This against the law approach scuttles fair & independent probe as police is forced to toe such line,” Governor Jagdeep Dhankhar said on Twitter in an oblique reference to the Chief Minister’s remarks.
Second accused held
On Tuesday, police arrested a second accused in connection with the crime. Prabhakar Poddar was arrested on the basis of interrogation of prime accused Brojogopal Gayali by the police.
Ananya Chakraborti Chatterjee, chairperson of the West Bengal Commission for Protection of Child Rights visited Hanskhali and stated, “We are happy with the role of police”. The chairperson added that the big issue in the case was that the body had been cremated and even clothes burned. TMC MP from Krishnanagar Mahua Moitra also came in support of the police and said that two persons have been arrested for the criminal act. Ms. Moita pointed out that a sexual act with a minor is a criminal act irrespective of consent, something is which appears to be in contrast with the statement made by the Chief Minister.
Leader of the Opposition Suvendu Adhikari visited Hanskhali and met the family members of the victim. Mr. Adhikari said the rape and death of the student was a “shame for West Bengal”
Court monitored probe in four cases of rape
Earlier in the day the division bench had directed a court-monitored investigation in four rape cases brought before it in the past one month. Special Commissioner of the Kolkata Police Damyanti Sen will head the probe. A Division Bench of Justices Prakash Shrivastava and Rajarshi Bharadwaj directed the investigation in the cases of rape at Deganga, Matia, Englishbazar and Bansdoni, which were brought before the court in form of public interest litigations.
During the hearing, the Bench expressed anguish over the cases and the Chief Justice asked whether any introspection was done by the State. Advocate General S. N. Mookherjee said that it was incumbent for everyone to introspect and pointed out that the State and the city had been accorded status of safest places. The matter will come up again for hearing on April 20.
CBI probe in to eyewitness death
h In another development, the same Division Bench directed the CBI to probe the death of Niranjan Baishnab, an eyewitness in the murder of Congress councillor Tapan Kandu.
Niranjan Baishnab was found dead at his house on April 7 and a suicide note was found from his home. Tapan Kandu was killed on March 13 and a CBI probe was ordered in to his death on April 4. The court observed that both the incidents were interlinked.
