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In a major setback to the Mamata Govt, Kolkata HC empowered 80 Sandeshkhali women, including Priyanka Tibrewal, to file complaints, ensuring their testimonies verified & identities protected, Pramit Roy champions for witness protection as CBI takes charge
In a significant move by the Calcutta High Court on Thursday, the court has extended an opportunity for voices from Sandeshkhali, specifically women who claim to be victims of distressing circumstances, to be heard directly within its walls. The court's decision came as a response to a request, paving the way for these women to bring forth their concerns and experiences to the forefront of judicial scrutiny.
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This development unfolded as petitioner-lawyer Priyanka Tibrewal engaged with a division bench of the court, currently absorbed in deliberations over a suo motu motion alongside three Public Interest Litigations (PILs). These legal motions are deeply rooted in allegations of sexual atrocities committed against women and contentious issues surrounding land grabbing within the Sandeshkhali area. Tibrewal highlighted to the bench the pressing desire of 80 women victims from Sandeshkhali to actively participate in the court proceedings, aiming to share the harrowing experiences they have endured.
Understanding the logistical challenges and the emotional toll that physically bringing all 80 women to the courtroom might entail, the division bench, led by Chief Justice TS Sivagnanam, showed compassion and practicality in its ruling. The bench granted Tibrewal the authorization to file an application or a supplementary affidavit on behalf of the alleged victims. This legal maneuver is designed to formally introduce the grievances and testimonies of these women into the court's records, ensuring that their voices are acknowledged and considered in the ongoing legal discourse.
The Calcutta High Court, under the division bench comprising Justice Hiranmay Bhattacharyya alongside Chief Justice TS Sivagnanam, has issued a set of directives aimed at ensuring the integrity and clarity of the submissions made by the alleged victims from Sandeshkhali. The court emphasized the importance of verifying the authenticity of the victims' accounts and the necessity of confirming their identities.
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Furthermore, the court addressed the potential language barrier in the submission of affidavits. Recognizing that many of the affidavits from the alleged victims might be drafted in the vernacular, the court instructed that translated copies of these documents should also be provided. This requirement is intended to facilitate a clearer understanding of the victims' narratives, allowing the court and all parties involved to fully grasp the details and nuances of their accounts.
During the proceedings, another petitioner-lawyer, Alakh Alok Srivastava, made a significant intervention. Srivastava advocated for the transfer of the ongoing investigations into the allegations of sexual assault and land grabbing in Sandeshkhali to the Central Bureau of Investigation (CBI).
In a related development, the lawyer representing Shajahan Sheikh, one of the accused individuals, expressed a desire to present a formal response to the claims outlined in the petition. However, Srivastava quickly countered this request, arguing against the accused's involvement in the petition seeking the transfer of the investigation. He contended that the accused should not have the right to be heard in matters specifically related to the procedural aspects of the investigation.
The Calcutta High Court, taking into consideration the arguments presented by petitioner-lawyer Alakh Alok Srivastava, decided that the accused should be allowed to contribute their statements in written form to the legal proceedings. This includes participation in three specific cases: one initiated by the court itself (suo motu) and two others that are Public Interest Litigations (PILs), all concerning the distressing events in Sandeshkhali. This decision acknowledges the importance of hearing all sides in a fair and balanced manner.
Furthermore, the court issued instructions to three key entities: the West Bengal government, the Union of India, and the Central Bureau of Investigation (CBI). These bodies have been asked to prepare and submit their affidavits relating to the incidents in Sandeshkhali. This directive ensures that the court receives comprehensive insights from both local and national perspectives, essential for making informed decisions.
The next step in this legal journey is scheduled for April 4, when the court will reconvene to examine these four crucial matters further. This date marks a significant point in the timeline, providing all parties involved a clear deadline to present their findings and arguments.
A notable point raised during the proceedings came from the court-appointed amicus curiae. It was revealed that lands forcibly taken from local residents had been repurposed for fish farming by those accused of the land grabbing. This change in land use poses a significant challenge, as it means that even if the original landowners recover their properties, returning them to agricultural use could take years.
Addressing this issue, the court has tasked the agriculture department of the West Bengal government with compiling a detailed report on the state's efforts to retrieve these lands and restore them to their rightful owners or those leasing them. This report is anticipated to shed light on the procedures being followed to correct the wrongs done, ensuring that justice is served not only in the courtroom but also on the ground, where the impacts of these actions are most deeply felt.
Amicus Curiae Jayanta Narayan Chatterjee played a crucial role in the legal examination of the distressing situation in Sandeshkhali by submitting a detailed report to the court. This report focused on two major issues plaguing the area: the allegations of sexual violence against women and the illegal acquisition of lands from local villagers.
In response to the ongoing concerns for safety and justice in Sandeshkhali, senior advocate Pramit Roy emphasized the urgent need for witness protection. With the Central Bureau of Investigation (CBI) now leading the investigation into the transferred criminal cases, Roy suggested that the central agency should develop a specific procedure to safeguard the witnesses residing in Sandeshkhali.
The court, recognizing the importance of witness protection, instructed the CBI to outline in its affidavit how it intends to apply the witness protection scheme to individuals connected to the cases in Sandeshkhali.
Furthermore, the court expressed the necessity for the state's involvement in rebuilding trust and security within the Sandeshkhali community, especially with the general elections on the horizon. It suggested that the state machinery should initiate confidence-building measures in the area. This approach aims to restore faith in the legal and administrative systems, promoting a sense of safety and normalcy for the residents of Sandeshkhali as they approach a critical period of civic engagement.
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