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Post-poll violence: SC issues notice to Bengal government
Issuing notice on a petition filed by a Delhi-based social worker Arun Mukherjee and four others, a vacation bench of justices Vineet Saran and BR Gavai agreed to hear the matter in the week commencing June 7
The Supreme Court on Tuesday sought response from the West Bengal government and police on the post-poll violence in the state that reportedly resulted in mass exodus of lakhs of people, including women and children.
Issuing notice on a petition filed by a Delhi-based social worker Arun Mukherjee and four others, a vacation bench of justices Vineet Saran and BR Gavai agreed to hear the matter in the week commencing June 7. By this date, the court has directed the state government and police to file counter affidavits, explaining the allegations of inaction by state authorities in curbing the violence. The petition accused the police of shielding the perpetrators alleged to be workers of the ruling Trinamool Congress (TMC) party and threatening the victims to withdraw their complaints.
Appearing for the petitioners, senior advocate Pinky Anand told the court that several human rights bodies such as the National Human Rights Commission (NHRC), the National Commission for Women (NCW) and National Commission for Protection of Child Rights (NCPCR) had visited the victims and prepared reports on the trauma suffered by them. Anand made an oral request to the court to make the NHRC, NCW and NCPCR as parties to the petition and issue notice to them.
The court allowed the request and added the NHRC, NCW, NCPCR, the National Commission for Scheduled Castes and National Commission for Scheduled Tribes as parties.
The petition claimed that on May 2, soon after declaration of the assembly poll results, widespread incidents of loot, rape and murder took place where families of Bhartiya Janata Party (BJP) were targeted. Lead petitioner Mukherjee, who runs a social organisation catering to welfare of Bengali community across the country, received several distress calls from affected families in the state. Fearing for their life, many families left the state leaving their homes and livelihood behind. The displaced families were settled in camps in Assam.
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The petitioners requested for a Special Investigation Team (SIT) to be set up to register the cases and probe the complicity of the state agencies. “The attacks suggest a larger conspiracy to crush the political opposition and their supporters in the state,” the petition stated, referring to the victims being families associated or working for the BJP. In addition, it demanded an inquiry commission to assess the scale and causes behind such large-scale displacement.
The petition further sought long-term relief by way of rehabilitation of the displaced persons, compensation for loss of family members, property, livelihood, and for the mental and emotional agony suffered by them. As the families have been surviving in harsh conditions in the camp during times of a pandemic, the petition requested for directions from court to provide food, medicines, pandemic resources, and appropriate medical facilities in the light of Covid-19 pandemic .
According to the data gathered by the petitioners, people from Cooochbehar, Kamakhyaguri, Tufanganj, Alpiurdaur, Falimari, Rampur villages in Bengal took shelter at refugee camps in Rangapali and Srirampur in Assam.
The Union government is also party to the petition. The petition asked the court to consider directing the Centre for using its power under Article 355 of the Constitution and pass executive orders to ensure rule of law in the state. “The respondents by way of their action/inaction have led to a condition where rule of law no longer prevails in Bengal, democracy has been murdered, fundamental rights are breached, fascism and humanitarian crisis has arrived,” the petition stated.
