Major legal challenges for central agency probe in Kolkata law college rape as demanded by BJP's fact-finding team, say experts

Kolkata, July 9 (IANS) A probe by a central agency in connection with the case of rape of a law student within her college premises at Kasba in Kolkata last month as suggested by the central fact-finding team of Bharatiya Janata Party (BJP) would not be an easy proposition and might face severe legal challenges, analysts said.

In the report, which the fact-finding committee had submitted to BJP President J.P. Nadda on Tuesday, there was a suggestion for a high-level independent probe either by "persons of repute” or by "a central agency" in the matter.

Now the only central agency, according to legal analysts, which can take charge of the probe in such a matter, is the Central Bureau of Investigation (CBI).

However, the CBI can enter the probe scene in any state matter, if either there was a standing clearance from the state government concerned or the CBI probe was ordered by the court.

A few years ago, the Mamata Banerjee-led West Bengal government withdrew the standing clearance to CBI in the matter.

Now the possibility of a court-ordered CBI probe in the Kasba rape case was also bleak since the victim's parents claimed that they had faith in an investigation by the Kolkata Police in the matter and were not seeking at this point.

"In such cases, the intention expressed either by the victim or by her family members is extremely important for the judge concerned unless the matter involves a much larger public interest. So as of now the chance of a CBI probe in the Kasba rape and murder case seems bleak," a senior advocate of Calcutta High Court said.

Legal analysts feel that had the case been of any financial irregularity or money laundering it would have been easier for a central agency to enter in the matter.

In that case, Enforcement Directorate (ED), which does not require either any standing clearance from the state government concerned or any court approval, could have made a suo motu entry in the investigation.

In its report, BJP's fact-finding team expressed doubts over the nature of the police investigation in the matter since in the initial FIR, the three accused persons, namely Monojit Mishra, Jaib Ahmed, and Pramit Mukhopadhyay, were referred to by their initials and not by their full names.

"The committee expresses serious doubts over the conduct of police and its investigation. The real rapist might be some strong, influential person of Trinamool Congress and the police might be trying to highlight the name of this man, just to save the real player of the game," the report said.

The fact-finding team has also questioned why the police have shown a guard of the college campus, Pinaki Banerjee, as an accused in the case despite he being described as the "sole helpless witness" to the crime on her by the victim in her police complaint that she registered at Kasba police station immediately after the sexual assault on her on the evening of June 25.

--IANS

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