A fresh Public Interest Litigation (PIL) has been filed before the Calcutta High Court, seeking the transfer of the investigation into the Baruipur encounter, in which an accused in the Surjapur minor rape and murder case was killed in police firing.
The petition, filed by human rights activist Sujata Bhadra, questions the impartiality of the ongoing investigation by the Criminal Investigation Department (CID), arguing that a police agency should not investigate an encounter involving police personnel.
'How Can the Same Police Investigate Themselves?'
The petitioner has contended that an independent agency should be entrusted with the probe to ensure a fair and transparent investigation.
"How can the police, whose personnel were involved in the firing, conduct an impartial investigation into the same incident? The truth behind the encounter may never emerge unless the probe is transferred to an independent agency," the petition states.
Advocate Raghunath Chakraborty, appearing for the petitioner, urged the court to order a change in the investigating agency.
Fourth PIL Over Encounter
The latest petition is the fourth PIL filed in connection with the controversial encounter.
A Division Bench comprising Acting Chief Justice Tapobrata Chakraborty and Justice Parthasarathi Chatterjee is hearing all the petitions related to the case.
The High Court has already sought a report from the West Bengal government regarding the incident. The next hearing is scheduled for August 18, and the court indicated that it would consider the fresh plea after examining the state's response."The state's stand needs to be heard first. Thereafter, appropriate steps can be considered," the Bench observed.
Questions Raised Over Reconstruction of Crime
The controversy stems from the death of Prabhas Mondal, one of the prime accused in the alleged gang rape and murder of a minor in Surjapur, Baruipur. According to the police, Mondal was taken to the crime scene for reconstruction of the incident, where he allegedly snatched a firearm from an officer and attempted to flee. Police claimed they opened fire in self-defence, resulting in his death.
However, the petition raises several questions over the procedure adopted during the reconstruction.
The petitioner alleged that the reconstruction was carried out late at night, without following standard protocols, and that no video recording of the exercise was made.
Court Seeks Detailed Report
The High Court has directed the state to explain why the crime scene reconstruction was conducted at night and under what circumstances the encounter occurred. The court has also asked the Superintendent of Police, Baruipur Police District, Arvind Kumar Anand, to submit a detailed report outlining the sequence of events.
Appearing for the state, government counsel told the court that Prabhas Mondal had confessed to the crime during interrogation, making the reconstruction necessary for the investigation.
The state maintained that no procedural irregularities occurred during the exercise and defended the police action as being in accordance with the law. Meanwhile, the remaining accused in the gang rape and murder case continue to remain in judicial custody, while the High Court examines the legality and fairness of the police encounter investigation.
