NHRC team on a witch-hunt, says Bengal govt in affidavit on poll violence

Kolkata: The National Human Rights Commission (NHRC) enquiry committee looking into post-poll violence in West Bengal is merely spearheading a witch hunt against the Mamata Banerjee-administration in Bengal as part of a concerted effort to discredit a democratically elected state government, the West Bengal government said in an affidavit filed on July 26 before the Calcutta high court

Kolkata: The National Human Rights Commission (NHRC) enquiry committee looking into post-poll violence in West Bengal is merely spearheading a witch hunt against the Mamata Banerjee-administration in Bengal as part of a concerted effort to discredit a democratically elected state government, the West Bengal government said in an affidavit filed on July 26 before the Calcutta high court.

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“The Committee has been deliberately constituted to spearhead a witch hunt against the entire state machinery in West Bengal….In conclusion it is stated that concerted efforts are being made by those behind the Committee to completely discredit a democratically elected state government,” stated the 95-page affidavit.

In June a five-judge bench of the Calcutta High Court directed NHRC to constitute a committee to examine all cases of alleged human rights violation during violence after the assembly polls, the results of which were declared on May 2. The state’s ruling Trinamool Congress and the Bharatiya Janata Party fought a bitter and intense electoral battle; the latter expected to win at least 200 seats but it was the TMC that swept the elections and returned to power.

While the seven member committee headed by NHRC member Rajiv Jain submitted an interim report on July 2, the final report was submitted on July 13.

The state government affidavit also said that some of the committee members have a close association with the Bhartiya Janta Party or the BJP-led Union government. They were deliberately chosen to give a negative report against the state, it argued.

“Several members of the Committee are either members of the BJP or are known to be closely associated with the ruling dispensation in the central government. Therefore, the credibility of the Committee inasmuch as they are expected to investigate in an unbiased and neutral manner is questionable,” stated the affidavit, while calling the PILs on post-poll violence politically motivated.

A senior official of NHRC declined comment on the state government’s affidavit saying that the matter was being heard by the court.

“The enquiry committee was formed on the HC’s direction. The NHRC report is based on facts provided by the state’s DGP which shows that the police received at least 29 murder complaints. Still the CM is saying nothing has happened. Whether recommending a CBI probe is beyond the NHRC’s purview it is for the court to decide,” said Samik Bhattacharya, BJP spokesperson in the state.

The NHRC report recommended that incidents of post-poll violence should be probed by the Central Bureau of Investigation and trials held outside the state; it added that the spate of violence in the state shows a pernicious politico-bureaucratic-criminal nexus.

“The committee has no power to recommend any course of action, as has been done in the report…Thus, in purporting to recommend the investigation by CBI and trial of post-poll violence outside the state of West Bengal, the committee has exceeded its mandate and in doing so, the committee has clearly demonstrated its bias,” the state’s affidavit stated.

The NHRC report slammed the Mamata Banerjee administration calling the clashes a “death knell” for democracy. It had also said that the situation in the state of West Bengal is a manifestation of law of ruler, instead of rule of law.

The state’s affidavit on Monday chose to reply in the same terms saying that such concerted efforts to discredit a democratically elected state government are the real “death knell to democracy in this great nation”.

The matter is likely to be heard by the five-judge bench headed by acting Chief Justice of the Calcutta high Court Rajesh Bindal on July 28.

At least two TMC legislators, Jyotipriyo Mullick and Partha Bhowmik, who were branded as ‘notorious criminals / goons’ in the NHRC report have separately moved the Calcutta high court challenging the report.

The report named more than 123 people, some of the local TMC leaders, and tagged them as notorious criminals and goons. The list includes former TMC MLA Udayan Guha and Mamata Banerjee’s election agent in Nandigram, Sheikh Sufiyan.

“I have been named in the list as a goon under Sandeshkhali police station. Not a single FIR or GD is lodged against me in that police station. Then how my name was included? I have faith on the judiciary,” Mullick told HT.