Baruipur encounter PIL: Calcutta HC to decide on CID probe change on Aug 17
Synopsis
Key Takeaways
A public interest litigation (PIL) was filed on Saturday, 1 August before a division bench of the Calcutta High Court seeking a change in the agency investigating the encounter killing of Pravas Mondal, one of four accused in the rape and murder of a minor girl in Baruipur, South 24 Parganas, West Bengal. The petition challenges the neutrality of the Criminal Investigation Department (CID) of West Bengal, which is currently handling the probe.
Background: The Baruipur Encounter
Last month, police officers took Pravas Mondal to the site of the rape and murder as part of the investigation. According to the police account, Mondal allegedly attempted to escape by snatching a firearm from one of the accompanying officers and fired a round at them. A police officer retaliated in self-defence, and Mondal was killed in the exchange. The West Bengal government subsequently handed over the investigation into the encounter killing to the state CID.
The PIL and Its Contention
Acclaimed human rights activist Sujato Bhadra filed the PIL before the bench comprising Acting Chief Justice Tapabrata Chakraborty and Justice Partha Sarathi Chatterjee. Bhadra's core argument is that since both the CID officers probing the encounter and the officers involved in the encounter itself belong to the same police force, questions of impartiality are inevitable. The petition therefore seeks the transfer of the investigation to an independent agency.
Court's Response and Next Steps
The division bench noted that it had already sought a report from the West Bengal government on the encounter in a related case. The court stated it would take a decision on Bhadra's petition only after receiving that report, scheduling the next hearing for 17 August. The bench also directed that the state government should consider the claims raised in the PIL before arriving at any decision.
Status of Other Accused
While Mondal was killed in the encounter, the remaining three accused in the rape and murder case are currently in judicial custody. The underlying case — involving the rape and murder of a minor girl in Baruipur — has drawn significant public attention and scrutiny of the police's handling of the accused. This is not the first time a West Bengal encounter has faced judicial review over the impartiality of a state-led probe.
The Calcutta High Court's ruling on 17 August is expected to determine whether an independent agency takes over the encounter investigation, a decision that could set a precedent for similar cases in the state.