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Bengal moves HC against its order to NHRC in post-poll violence cases
The review petition was filed by the state government on Saturday, a day after the bench, headed by acting chief justice Rajesh Bindal, directed the NHRC to form a committee, examine the complaints it has received from the victims of the violence and visit the affected areas, if required
A five-judge bench of Calcutta high court on Monday is likely to hear a petition by the West Bengal government, urging it to review its directions to the National Human Rights Commission (NHRC) to examine all cases of alleged human rights violation during violence that erupted after the declaration of the assembly election results in May, lawyers familiar with the developments said.
The review petition was filed by the state government on Saturday, a day after the bench, headed by acting chief justice Rajesh Bindal, directed the NHRC to form a committee, examine the complaints it has received from the victims of the violence and visit the affected areas, if required. It also sought a report in this regard but did not set any deadline..
Taking note of several public interest litigations filed by alleged victims of post-poll violence, the bench said the committee must restore the confidence of the people and check if their safety and livelihood has not been affected by the alleged violence.
The bench also directed the state government to provide logistic support to the committee during visits to the affected areas and said action would be initiated if the NHRC team faced any resistance.
The court also directed the member secretary of the West Bengal State Legal Services Authority (WBSLSA) to be a part of the NHRC’s committee along with a member of the state human rights commission.
It is the duty of the state to maintain law and order and instill confidence in citizens, the bench observed, while referring to a report prepared by the member secretary of WBSLSA that mentioned that as many as 3,243 complaints were received from people till June 10. The complaints were divided in six categories, ranging from looting and arson to demand for ransom.
On May 31, the bench had ordered the constitution of a three-member committee comprising officers from the NHRC, state human rights commission and WBSLSA to monitor the return of people who were allegedly forced to leave their homes owing to post-poll violence at Entally assembly constituency in central Kolkata.
The order was passed while hearing a case filed by Priyanka Tibrewal, a lawyer and BJP candidate from Entally in the recent polls. Tibrewal, who lost the election toTMC’s Swarna Kamal Saha, alleged that people were threatened by members of the ruling party and forced to flee their homes.
On June 4, the five-judge bench directed the state government to take appropriate steps for the rehabilitation of such persons.
‘’On receipt of the aforesaid complaints filed by the persons concerned in different districts in the state of West Bengal, the competent authority shall take appropriate steps for their rehabilitation immediately thereafter and report to this court on the next date of hearing,’’ the bench said, according to news agency PTI.
Trinamool Congress leaders did not comment on the petition the government filed on Saturday.
Taking a dig at the ruling party, Amit Malviya, head of the BJP’s national information technology cell, tweeted: “It is not surprising that Mamata Banerjee has moved Calcutta High Court demanding that the 5 judge bench order asking NHRC to investigate post poll violence be withdrawn. WB Govt is complicit, has been dragging its feet on complaints. Now they fear getting exposed hence the move.”
