Shameful if even fraction of claims on sexual assault, violence in Sandeshkhali true: Calcutta High Court

The Calcutta High Court on Thursday said that it would be a matter of shame for West Bengal if even a fraction of claims that the residents of Sandeshkhalli village were repeatedly subjected to sexual assault and violence by influential political leaders or their aides, are found to be true. .A bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya made the observation while dealing with several petitions concerning unrest in the area. .During the hearing, BJP leader and advocate Priyanka Tibrewal submitted that she had affidavits running into thousands of pages with accounts by victims of sexual assault in Sandeshkhali. "I have affidavits of several women and men in the area. They say that only one Shahjahan is arrested but 1000s of his aides are roaming around the villages and they are threatening people there not to give statements against Shahjahan. They have said if women give complaints they will behead their husbands, sons, etc. and play football with them," Tibrewal argued. .Tibrewal's submissions were fiercely opposed by Advocate General (AG) Kishore Datta who said that she must clarify whether she was appearing as an ordinary citizen or as a representative of her political party. "Miss Tibrewal is found to spring into action once something happens. The first question is does she do this as an ordinary citizen or as a representative of a political party? First thing she must clarify that whether she was there even in post poll violence as an ordinary Indian citizen or as a representative of a political party? This has to be clarified first. A public interest litigation (PIL) requires research. What research have these people done before coming to the court? Research doesn't mean gathering information after an incident takes place. It is done irrespective of an event. For example, say a class of persons is deprived may be for 20 years. A person comes to the court and informs that I have done my research and these people are deprived of their rights. Why would the PIL be filed only after incident takes place. 42 FIRs were already on record. What were these people doing when these FIRs were being filed," AG Datta said. However, the Court took a serious view of the allegations. "Even assuming if one affidavit is correct it is shameful. The entire district administration and the ruling dispensation have to owe 100 per cent moral responsibility. It is the safety of the citizens. If you go through the report of the National Commission for SC/ST, even if one per cent is true, then it is 100 per cent shameful. West Bengal boasts of the NCRB data on safety of women. Even if one affidavit of Tibrewal is proven to right, these statistics falls, the public image falls, the opinion falls. If it falls and crumbles, you cannot be resurrected," Chief Justice Sivagnanam said. .Even if one per cent is true, then it is 100 per cent shameful.Calcutta High Court.The Court on Thursday proceeded to reserve its verdict on whether to transfer the investigation into the case to the Central Bureau of Investigation (CBI). The Court was hearing a case concerning unrest in Sandeshkhalli following allegations of sexual assault and land grabbing in the area. The case involves allegations that lands of residents in the village were forcefully grabbed by Shahjahan Sheikh, a politician who was suspended by the Trinamool Congress (TMC) earlier this year. Sheikh and his aides were further accused of sexually assaulting women in the village. Sheikh had earlier drawn controversy on allegations that he was behind a mob attack on Enforcement Directorate (ED) officers in January this year, while they were en route to raid his residence as part of a ration scam probe.After he was accused of sexual assault and land-grabbing in Sandeshkhalli, Sheikh was eventually arrested by the West Bengal Police after being on the run for around 55 days.The Calcutta High Court on March 5 transferred the probe into the attack on the ED officers to the CBI..The Court will also decide if a commission should be constituted to look into the allegations of mass rape and assault on women in the area at the hands of Sheikh and his aides. "We close this matter for orders on these two short points. It would be pronounced later," Chief Justice said..Heated hearing before High Court.During Thursday's hearing, advocate Tibrewal also claimed that there was a "pattern" at work in Sandeshkhalli to intimidate native residents in the area. "They want illegal immigrants from Bangladesh to enter the region and they are trying to curb the Bengali Hindus. They want the Hindus to run away from there and that is what is happening. If a single word of my affidavits is said to be untrue I will leave the profession forever," Tibrewal said. Meanwhile, Shahjahan Sheikh's counsel denied the allegations made by Tibrewal. He added that he also has affidavits from over 3,000 women in Sheikh's support, who claimed that "outsiders" were threatening them to testify against the politician. .Advocate General Kishore Datta contended that Tibrewal was only shedding "crocodile tears." He urged the Court not to allow such "political interests" to come in its way. "There has been a gross display of personal interest in arguments made before your Lordships today. Same thing happened even during the Panchayat Elections and also the Post-Poll violence," he said. He added that Tibrewal had a habit of filing such PILs, while recounting the various petitions she had filed alleging widespread violence amid the State Assembly polls."But all that was crocodile tears by some. How many allegations survive today? There were allegations she (Tibrewal) made of largescale rape, but please call for a report from the CBI about how many rapes took place? Courts are being misled by high-pitch arguments," the Advocate General (AG) argued. .While refuting allegations that sexual violence in Sandeshkhalli was being hushed up, the AG pointed out that two rape cases were already lodged by the local police against Sheikh. "If two complaints were accepted then there was no reason to not accept 2000 complaints. Judiciary and administration have this vulnerability where common people can easily make allegations against them ... It is very easy to point fingers at the officers of the State," AG Datta underscored. .He further informed that an all-women team was constituted to speak to women in Sandeshkhalli, but no one came forward with any complaint. "But now they have given affidavits to Tibrewal. Is that possible?" the AG added. .The requests made by Tibrewal for a CBI probe into the matter was also fiercely opposed by the AG who argued that such central agencies have now lost "trust.""Long back, CBI was said to be a caged parrot. Even CJI (NV) Ramana after his retirement said the same. If required, please institute a suo motu PIL, as to how many CBI probes ordered, what are the results and what is the stage. There is no follow up at all. What is the conviction rate?" the AG contended. .He added that nowadays, those being probed by central agencies were being given clean chits upon changing their political alliance. "An accused leaving his political party and joining a particular party is given a clean chit. This is happening from 2014. There are media reports on it. Everything is in record," he said. .The submission drew a prompt objection by the CBI's counsel, who maintained that central agencies are not concerned with any change in the political colour of an accused.Deputy Solicitor General (DSG) Dhiraj Trivedi, representing the ED weighed in and said that the central agencies are not able to smoothly carry out any probe in the State due to interference by the ruling dispensation.