SC recommends to the HC that Bengal police be sued for identifying a victim of rape
New Delhi: Sukanta Majumdar, a leader of the Bharatiya Janata Party (BJP), filed a Public Interest Litigation (PIL) on Friday, asking the Supreme Court to consider registering a criminal case against West Bengal Police for disclosing the identity of a woman who had accused a ruling Trinamool Congress (TMC) functionary of rape in Sandeshkhali. In an interview that was posted on social media, the name was disclosed.
Justices Bela M. Trivedi and Pankaj Mithal’s bench questioned how a PIL on this matter could be possible. Your only complaint is that the victim’s identity was made public on social media. For this sort of case, the high court is a superior venue.
In their representation of Majumdar, senior attorneys Madhavi Divan and Archana Pathak Dave highlighted a 2019 ruling by the Supreme Court that forbade courts or investigative agencies from disclosing a victim’s identity or any other information that may logically lead to their identification.
Divan informed the court that the PIL may be maintained since it addressed a more general problem rather than a single instance. “Anywhere may have an incidence of this kind. The course of action for a victim of rape once she makes a complaint and is brought before the court must be outlined by the court.
According to the appeal, the West Bengal Police “overstepped” their official bounds and broke the law when they forced the lady to admit that she had been taken to the local magistrate’s office rather than being abducted in order to provide a statement.
The victim filed a complaint alleging that in October of last year, she was summoned under false pretenses to attend a meeting at the local party office in Sandeshkhali, where she was reportedly gang raped by accused Shibu Hazra and others.
In his appeal, Majumdar said that the case shows how West Bengal Police officers intentionally acted to further a political goal at the expense of public safety and welfare. “The incident hinders the women of Sandeshkhali from reporting the injustices inflicted upon them, which is a significant setback.”
According to the petition, women in the Sandeshkhali area are being abused and silenced for rising up against the abuses they are subjected to. In response to a political opponent of the State government political party, the WB police shockingly went beyond their official mandate and broke multiple legal provisions by forcing the victim to testify that she had not been abducted but had instead been taken to the local magistrate’s office. It also said that recording such a statement outside of court proceedings was not permitted.
