A contentious legal battle unfolded at Kolkata’s Sealdah ACJM Court on Monday in the high-profile Abhaya case, as the victim’s family moved an application seeking permission to visit the crime scene and the hospital premises, excluding the seminar room.

The plea aims to provide the family with a clearer understanding of the tragic incident. While the Central Bureau of Investigation (CBI) indicated no significant objection, the State government, alongside several defense counsels, vehemently opposed the request.

Family Seeks Clarity and Direct Observation

The counsel representing the victim’s family passionately argued for their right to physically inspect the location where the alleged crime transpired. “We wish to visit the hospital and the crime scene, specifically excluding the seminar room,” stated the victim’s lawyer. They highlighted the High Court’s previous observations regarding deficiencies in the initial police investigation, which ultimately led to the case being transferred to the CBI.

Questioning the State’s stance, the family’s legal team posed, “If the CBI has no issue, why is the State opposing the visit? What is being concealed here?” They further underscored recent legal amendments that facilitate such access, asserting that direct observation offers an unparalleled understanding that photographs or video evidence alone cannot replicate.

State Raises Multiple Objections

Representing the State, advocate Shirshendu Bandyopadhyay urged the court to dismiss the application, presenting several grounds for opposition:

• The High Court’s hearing on a plea for reinvestigation is still ongoing and has not yet concluded.

• Neither legal representatives nor private citizens are legally entitled to inspect a crime scene.

• The application itself is vague, lacking specific details regarding the areas intended for visitation.

• The family has previously voiced concerns about the CBI’s investigation, which leaves open the possibility of a reinvestigation.

Adding to the opposition, Joev Rouf, lawyer for Sandeep Ghosh, contended that the lower court lacks the jurisdiction to entertain such a plea. However, he stipulated that if the visit were to be permitted, the entire process must be videographed.

Lawyers representing Abhijit Mondal and the former Officer-in-Charge of Tala Police Station also lodged objections, citing the active nature of the investigation and the pending High Court hearing as primary reasons.

CBI Expresses Conditional Consent

In contrast to the strong objections raised by the State and defense, the CBI informed the court that it had no objection to the crime scene visit, with the sole exception of the seminar room. The investigating agency, however, requested that any such visit be scheduled no sooner than one month from the current date.

The ACJM Court, after hearing all arguments, is expected to deliver its ruling on the application Wednesday.