Calcutta High Court Seeks West Bengal's Response on Alleged Fake Encounter in Baruipur

The Calcutta High Court on Tuesday directed the West Bengal government to file affidavits addressing allegations that the police encounter killing of an accused in the Baruipur rape-murder case was a "fake encounter." A division bench of Justices Arijit Banerjee and Reetobroto Kumar Mitra, hearing a batch of public interest litigations, expressed the expectation that the investigation would be completed "very shortly."

The Incident

The case stems from the rape and murder of a girl, about nine years of age, in the Baruipur area. One of the accused, identified as Prabhas Mondal, was taken to the place of occurrence for crime scene reconstruction on July 7. According to police, Mondal snatched a service revolver, fired a shot, and tried to flee, prompting police to retaliate, resulting in his death. However, the petitioners—including the Association for Protection of Democratic Rights and other organizations—contend that this was an extrajudicial killing, alleging a "fake encounter." The state, through its Additional Advocate General, "strongly denied and disputed" the allegation.

Court's Intervention

The bench noted that the state had submitted a report in a sealed cover pursuant to an earlier order, but declined to supply it to the petitioners because the investigation was still ongoing. Directing the state to file affidavits dealing with the allegations within two weeks, the court also granted the petitioners one week thereafter to file replies. The court further ordered the preservation of all material evidence, including CCTV footage from the encounter site. Senior counsel for one of the petitioners submitted that the investigating authority should preserve all material evidence, to which the court observed that such preservation must be done " in accordance with the applicable law ."

Key Observations

The court recorded the petitioners' assertion that the encounter was fake, while acknowledging the state's strong denial. Emphasizing the need for a swift yet thorough probe, the bench stated: "As quite some time has elapsed since the investigation started, we expect the investigation to be over very shortly and preferably before the adjourned date, without of course compromising the quality of the investigation."

Next Steps

The matter has been listed for further hearing on October 6, 2026. On that date, the state is required to apprise the court of the progress made in the investigation. The Criminal Investigation Department (CID) is currently probing the encounter, and the High Court is monitoring its progress. The court's directives aim to ensure transparency while the investigation into the circumstances of Mondal's death continues.