West Bengal law college gang rape probe: HC asks government to file progress report

A division bench presided by Justice Soumen Sen asked the state to produce the case diary of the investigation before July 10

Kolkata: The Calcutta High Court on Thursday directed the West Bengal government to file a report on the progress of investigation into the law college gang rape case in the form of an affidavit.

A division bench presided by Justice Soumen Sen also asked the state to produce the case diary of the investigation before it on the next date of hearing on July 10.

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Three PILs were filed in connection with the alleged gang rape of a student at South Calcutta Law College by an alumnus and two of her seniors on the evening of June 25 inside the campus. The prime accused is the alumnus who is also a contractual staff member of the institute.

The division bench also asked the state to reply in the form of a report on the next date of hearing some questions raised by one of the petitioners in connection with the “appalling incident” involving the female law student.

The state was asked to answer how a former student was permitted entry into the college premises after official hours in violation of access control protocols, and how staff members present on campus long past college hours without any official purpose or administrative supervision.

It was also directed to state what monitoring or security measures were in place to prevent or detect unauthorised access to the college building.

The petitioner also questioned why the college administration and the local police did not take preventive action, despite having been allegedly informed of threats made to the victim.

He asked, “Why does a reputed law college lack essential surveillance infrastructure, such as CCTV coverage and a functional security apparatus, especially in a time when gender-based violence is on the rise?”

Appearing for another petitioner, senior counsel Phiroze Edulji requested the division bench, also comprising Justice Smita Das De, to ask the state to produce the case diary of the investigators in the alleged rape case, as it enumerates every activity done by the police in probing the matter.

Appearing for the state, senior counsel Kalyan Banerjee submitted before the court that the Kolkata Police, which is investigating the case, have done everything necessary in connection with the probe in the matter so far.

One of the three petitioners prayed for direction to the CBI to hold a preliminary enquiry into the incident of gang rape as complained by the victim and file an interim report before the court.

The other petitioners are seeking an investigation under the supervision of the court and steps to ensure security in colleges across West Bengal. Claiming that the main accused Manojit Mishra has close proximity with the ruling party in the state, the petitioner prayed in the public interest litigation (PIL) that the investigation into the alleged gangrape case be transferred to the CBI from the Kolkata Police for an impartial probe.

A day after the alleged incident, the police arrested the prime accused Manojit Mishra, along with students Promit Mukherjee and Zaid Ahmed. A guard of the college was also apprehended later.

The city police initially formed a special investigation team (SIT), led by an assistant commissioner rank officer, to probe the case. The probe was handed over to the detective department on Wednesday.