HC dismisses Bengal govt’s plea, NHRC to probe post-poll violence

Pressure mounted on the Mamata Banerjee-led TMC government in West Bengal over allegations of post-election violence, after the Calcutta High Court on Monday dismissed the state government’s plea for recalling its order that directed the National Human Rights Commission (NHRC) to examine all cases of alleged human rights violations in post-poll violence in the state.

Rejecting the plea, a five-judge bench headed by acting Chief Justice Rajesh Bindal observed that the 18 June order was passed after the state failed to inspire the court’s confidence. The bench said that the court does not find any occasion to modify or stay its earlier ruling.

Earlier, the court had ordered the NHRC to form a committee and visit those places where post-poll violence complaints were filed. The NHRC has formed a special committee to investigate. Retired Justice Arun Mishra, chairperson, NHRC, directed the formation of the committee on Monday. The committee is being formed under the leadership of former IB chief Rajiv Jain. It will investigate as directed

by the Calcutta High Court. The committee comprises Atif Rashid, Vice Chairperson of the National Minorities Commission, Rajuben L. Desai, Member of the National Commission for Women, Santosh Mehta, Director General of the National Human Rights Commission, Pradeep Kumar Panja, Registrar of the State Human Rights Commission, and Raju Mukherjee, Secretary of the State Legal Services Authority. The members of the committee will go to the places where the complaints have come from. The commission will “ensure that everyone can live peacefully”. In addition to identifying those accused of terrorism, the special committee will also identify “those police officers who have remained silent despite receiving allegations”. The commission said an investigation would be launched soon.

Acting Chief Justice Rajesh Bindal strongly rebuked the new state government for seeking reconsideration. The state government had submitted a list to the court on Monday, detailing the steps taken so far on allegations of post-poll violence, and how many people have not yet returned to the affected areas. But after receiving the list, the judge said, “I don’t want all this. The manner in which the investigation has taken place is not correct. We don’t want to see anything. The police did not file an FIR. Despite such serious allegations, the state government did not take any action on its own initiative. Why so much stealth? This means that you are not listening to the complainants. The court cannot rely on the assurance of the state. The last instruction will remain in force, But the state can give its affidavit.”

On Friday, 18 June, the High Court had ruled in the case alleging inaction of the state government. The role of the state was harshly criticised. The state government on Sunday filed a petition seeking reconsideration of the High Court’s verdict.