West Bengal post-poll violence: ASG YJ Dastoor seeks retraction of ToI report that CBI found no evidence in 21 rape cases

Additional Solicitor General for the Calcutta High Court Yezdezard Jehangir Dastoor has written to the Editor of the Times of India seeking retraction of an article which stated that the Central Bureau of Investigation (CBI) found no evidence in 21 rape and attempt to rape cases filed in the wake of the post-poll violence in West Bengal last year.

. ASG Dastoor referred to the print and web version of a ToI report which stated that the CBI on Monday told the Calcutta High Court that it found no evidence in the 21 rape cases cited by the National Human Rights Commission (NHRC) in its report on post poll violence in the State.

. " Unfortunately, the said reports contain not an iota of truth with regard to the statements allegedly made on behalf of the CBI. None of the statements as reported in the aforesaid two articles were made on behalf of the C.B.I. in the hearing yesterday. In fact, the headlines and the facts and figures mentioned in your said report are absolutely untrue, " the letter said.

The ASG, therefore, asked the newspaper to publish a retraction and apologise.

" It is a cause of great concern that such false reports in a sensitive matter have been published by a newspaper of such repute. "

. The CBI has also issued a press release denying the said report.

"CBI had received 29 number of complaints of sexual assault from NHRC related to sexual offences till December 22, 2021. Out of these, 2 cases have been decided by CBI for handing over to State SIT on the grounds of nature of offences, inline with the mandate given in the orders of the Calcutta High Court. Further, two complaints relating to same incident of sexual assault were received by CBI which were amalgamated, resulting in registration of only one regular case for investigation. Remaining cases are under progress.

It may also be mentioned that State Police had referred 64 number of incidents to CBI in furtherance of High Court order. Out of it, 39 number of offences were taken over by CBI by registering regular cases, 4 references are under process while 21 number of references were returned to State Police/SIT on the ground of nature of offence, as CBI has been mandated in the order of the Calcutta High Court dated August 19, 2021 to investigate post-poll violence cases of murder, rape and attempt to rape," the press release said.

The reports published in a section of media alleging that CBI has found no evidence in 21 cases listed as offence of sexual assault by NHRC, contain misrepresentation of facts, are blatantly mischievous, grossly misleading and entirely false, the CBI further stated.

. The news was carried by other publications as well, and the same was tweeted by Trinamool Congress Parliamentarians Jawhar Sircar, Sukhendu Ray and Derek O'Brien.

. In July last year, the State government had said that the report submitted by the NHRC on the post-poll violence that transpired in West Bengal after the 2021 Assembly elections was politically motivated.

A 7-member committee of the NHRC had visited the State of West Bengal to probe the allegations of widespread political violence in the State after the All-India Trinamool Congress (TMC) swept to power for the third consecutive time after inflicting a resounding defeat on the BJP.

The NHRC probe itself came pursuant to an order passed by the Calcutta High Court on June 18, directing the Chairperson of NHRC to constitute a committee to examine complaints by persons displaced by the alleged post-poll violence.

Several petitions alleged that many people from opposition parties were subject to violence by TMC workers. Many of them had to flee their houses due to the violence and they were not being allowed to return, the petitions alleged.

. The NHRC, after undertaking an investigation, submitted its report accusing the ruling TMC of turning affairs into the " law of ruler ", instead of " rule of law ."

The seven-member committee recommended that grievous offences that took place in the State, including those of murder and rape, should be handed over to the CBI for investigation, and that such cases should be tried outside the State.

.[Post Poll Violence] "NHRC report politically motivated; homilies on independence of NHRC laughable:" West Bengal Govt to Calcutta High Court

West Bengal post-poll violence: ASG YJ Dastoor seeks retraction of ToI report that CBI found no evidence in 21 rape cases

Abhimanyu Hazarika

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