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Bengal govt in denial over post-poll violence: HC
The court’s observations are a setback for the Trinamool Congress (TMC) administration that has repeatedly denied large-scale violence after the May 2 assembly election results and accused the Bharatiya Janata Party (BJP) of fabricating charges.
The West Bengal government was in “denial mode” on post-poll violence in the state, the Calcutta high court said on Friday, while taking cognisance of an official report on the attacks and ordering the authorities to record statements and provide relief to the victims.
The court’s observations are a setback for the Trinamool Congress (TMC) administration that has repeatedly denied large-scale violence after the May 2 assembly election results and accused the Bharatiya Janata Party (BJP) of fabricating charges.
A five-judge high court bench took note of a report by the National Human Rights Commission (NHRC) and gave the seven-member team, which was set up on the high court’s orders, till July 13 to visit more districts and meet more complainants.
It directed a second autopsy of a BJP leader and issued a show-cause notice to a top Kolkata Police officer over an alleged attack on a member of the NHRC team.
“From a perusal of the report prima facie stand taken by the petitioners is established that there had been post- poll violence and the state was found on a wrong foot, where throughout it was on a denial mode,” observed the bench headed by acting chief justice Rajesh Bindal and comprising justices IP Mukerji, Harish Tandon, Soumen Sen and Subrata Talukdar.
The bench said a perusal of the report established the allegations that a number of people were killed and many suffered sexual violence and grievous injuries, including minor girls who were “brutally assaulted sexually”.
Violence broke out in various parts of the state hours after the TMC trounced the BJP to secure a third consecutive term on May 2. BJP leaders alleged that they were thrashed and threatened by TMC members, their houses ransacked and offices vandalised.
The TMC denied the charges and said the BJP was trying to inflate isolated clashes. “One or two cases may be genuine but the rest are made up by the BJP. These are all fake allegations,” said chief minister Mamata Banerjee on Tuesday.
On June 18, the high court -- hearing a bunch of public interest litigation -- asked NHRC to probe the violence. Three days later, it rejected the state government’s review petition and said the administration’s conduct didn’t inspire confidence.
The NHRC’s preliminary report was submitted to the court on June 30 in a sealed envelope. The court refused to disclose the contents but officials aware of the developments said the panel received complaints about 41 murders and 13 rapes. The preliminary report did not mention the role of the local police but it will be a part of the final report, officials said.
The court directed the state government to provide all logistical support to the NHRC panel and ensure no obstruction in this process. “Such obstruction will be viewed seriously, which may entail action under the Contempt of Courts Act besides others,” the bench said in its order.
Leader of Opposition in the state assembly, Suvendu Adhikari of the BJP, welcomed the court’s decision. “The government said all the violence took place when the Election Commission was in control of the administration and nothing happened after the new government took charge. It was a lie,” said Adhikari.
The TMC said the violence took place before Mamata Banerjee was sworn in as CM on May 5. “The government will follow the court’s order. But our contention is that Mamata Banerjee controlled the situation after she was sworn in. The violence took place before that,” said TMC Lok Sabha member Saugata Roy.
Hearing a bunch of public interest litigations (PIL), the bench issued a slew of orders.
It asked the administration to conduct a fresh autopsy of local BJP leader Abhijit Sarkar, who was allegedly strangled to death by a mob in Kolkata on May 2. The body is kept in a city morgue.
During the hearing, advocate general Kishore Datta told the bench that the Supreme Court had taken cognisance of Sarkar’s killing. The bench said it was only ordering a second autopsy without giving any direction.
The victim’s brother, Biswajit Sarkar, is among the petitioners who moved the Supreme Court in May seeking the formation of a special investigation team to probe the violence.
The bench also issued a show-cause notice to Rashid Munir Khan, deputy commissioner of police of the south suburban division of Kolkata Police, for failing to give protection to Atif Rasheed, vice-chairperson of the National Commission for Minorities and a member of the NHRC team, on June 29.
Rasheed alleged that he was attacked while visiting Jadavpur, which falls under the south suburban division. The bench asked why the police should not be held guilty of contempt of court.
The court also directed the police to register cases of all complainants, get statements of the victims as per law and provide medical relief to them.
The NHRC panel includes a member of the West Bengal Human Rights Commission and a member of the West Bengal State Legal Services Authority.
The NHRC panel is led by commission member and former Intelligence Bureau chief Rajiv Jain. The other members are National Commission for Women member Rajulben L Desai, NHRC (director) investigation Santosh Mehra and DIG (investigation) Manzil Saini, West Bengal Human Rights Commission registrar Pradip Kumar Panja, West Bengal State Legal Services Authority member secretary Raju Mukherjee and Rashed are other members.
Divided in two groups, the members visited north and south Bengal districts. A camp was also held in the eastern outskirts of Kolkata on Monday where many local residents came to give their statements.
