Plea in SC demands Prez Rule in Bengal, seeks SIT probe in BJP workers’ deaths

The petition has added chief minister Mamata Banerjee, TMC , Union of India and the Governor of West Bengal as respondents besides the West Bengal government

A petition filed in the Supreme Court has demanded imposition of President’s Rule in West Bengal and formation of a Special Investigation Team (SIT) headed by a retired Supreme Court judge to probe the violence and killing of BJP workers in the state by alleged goons of ruling Trinamool Congress (TMC) party following the announcement of assembly poll results on May 2.

The Supreme Court. (File photo)

Calling the violence “illegal and inhuman”, the petition by advocate Ghanshyam Upadhyay said, “Such massacre killing of rival political party by the supporters/goons of ruling party in the state and inaction on the part of the police/law enforcing agency who are the custodian of the rule of law, is not only illegal, inhuman, but also it shocks the conscience and is nothing but Talibanisation of the State, which cannot be countenanced at all.”

The petition has added chief minister Mamata Banerjee, TMC , Union of India and the Governor of West Bengal as respondents besides the West Bengal government. So far, over 16 BJP workers have been killed in the post-election violence and property of several families associated with BJP has been destroyed with their lives under threat. Governor Jagdeep Dhankar had last week claimed that lakhs of such persons affected by violence are staying in camps in Assam.

Upadhyay made out a ground for imposition of President Rule in the state as he claimed that the violence or massacre of BJP workers by alleged TMC goons enjoyed the patronage of the state leadership. His petition said, “The petitioner prays for issuance of direction to the Governor (Respondent No.5) to submit his report to this court under Article 356 of the Constitution of India so as to enable this court to ascertain as to whether there is complete failure and break down of constitutional machinery in the State. If upon such report so submitted, this court is satisfied that there is complete breakdown of constitutional machinery in the state, then this court may be pleased to hold and declare so.”

Alternatively, the petition has also requested the court to consider passing directions to the Union Government to invoke Article 355 of the Constitution of India and give advice to the President of India to issue a proclamation for West Bengal under Article 356(1) of the Constitution of India. According to Upadhyay, the actions of the party in power have created “disunity and disaffection” among the people of the state, threatening to “disintegrate the democratic social fabric” which forms a basic feature of the Constitution.

Article 356 is an Emergency Provision contained in the Constitution by which President can assume all functions of the state government after being satisfied on a report by the Governor that “a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution.”

Citing media reports, Upadhyay said that violence against BJP workers continues till date and the state has witnessed complete anarchy under the leadership of CM Mamta Banerjee. Accusing the state government of abdicating its duty to protect the lives and liberties of the people in the state, particularly those who voted for the rival party, BJP, in the 2021 Assembly polls, the petition found sufficient grounds to accuse the TMC and the state led by the chief minister of setting up a “party dictatorship” leading to complete “chaos and anarchy in the state”.

As the state agencies are involved in perpetrating the violence, the petition demanded the West Bengal government to immediately disassociate itself from investigation of these cases and sought an independent probe by SIT into the killings and violence. This SIT should be headed by a retired Supreme Court judge and comprise retired officials drawn from Central Bureau of Investigation, National Investigation Agency, Research and Analysis Wing and should submit periodic reports to the top court, the petition added.