The Division bench comprising of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya was hearing the petition by State, against the orders of coordinate bench of the High Court which set aside the imposition of section 144 CrPC order.
Background of the Case: The Supreme Court in the case Alakh Alok Srivastava v. State of West Bengalandothers observed and has refused to entertain the Public Interest Litigation, PIL filed seeking a CBI or SIT investigation into the reports regarding the sexual assault of women in Sandeshkhali in West Bengal.
The bench comprising of Justice BV Nagarathna and Justice Augustine George Masih in the case observed and has granted liberty to the petitioner to approach the Calcutta High Court, which has already taken suo motu cognizance of the Sandeshkhali violence.
The bench in the case observed and has stated that the High Court also has the power to constitute the SIT, and there cannot be dual forums or parallel proceedings. The Calcutta High Court on February 13 took suo motu cognizance of newspaper reports on alleged sexual harassment of women living in Sandeshkhali, West Bengal, and tribal lands that had been forcibly taken over.
In the Present case, the Public Interest Litigation was filed before the Supreme Court by Advocate Alakh Alok Srivastava wherein alleging inter-alia, complicity, and dereliction of duty on the part of the West Bengal police and the state police.
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