Set-Back to TMC, Court Orders CBI, SIT Probe into Post-Poll Violence in West Bengal
Manas Dasgupta
NEW DELHI, Aug 19: In a set back to the ruling Trinamool Congress, the Calcutta High Court on Thursday called for a court-monitored Central Bureau of Investigation (CBI) probe into the serious cases of post-poll violence in West Bengal involving murder and rape and constituted a Special Investigation Team to look into other cases of violence just after the state Assembly election results were announced on May 2.
A five-judge Bench of the High Court comprising Acting Chief Justice Rajesh Bindal and Justices IP Mukerji, Harish Tandon, Soumen Sen and Subrata Talukdar directed the West Bengal government to hand over complaints of post poll violence to the CBI to probe the allegations of murder, rape and unnatural deaths.
The Court also directed to set up Special Investigation Team consisting (SIT) of three IPS officers of West Bengal cadre Suman Bala Sahoo, Soumen Mitra and Ranvir Kumar, to probe other offences relating to post poll violence. The probe will be monitored by a retired Judge of the Supreme Court.
In the order, the five-judge bench headed by the Acting Chief Justice directed the State to immediately process applications for compensation of victims. The CBI and SIT were directed to submit status report within six weeks.
The Court also rejected the state government’s allegations of bias against the National Human Rights Commission (NHRC) and pointed out that the allegations of bias raised by the West Bengal government against the NHRC committee does not stand.
“All cases as per report of NHRC committee where allegations are about murder of person or crime against women regarding rape or attempt to rape shall be referred to CBI for investigation,” the court said. The court ordered the state to hand over all records of cases to the CBI so that it can carry out the investigation.
“It shall be a court-monitored investigation and any obstruction in the course of investigation by anyone shall be viewed seriously,” the court added.
While hearing several writ petitions on post poll violence the High Court in June 2021 had directed the NHRC to set up a committee to look into allegations of post poll violence. The NHRC had submitted a report to the Court on July 13 directing that the probe be handed over to the CBI.
The NHRC in its report had indicted the Mamata Banerjee-led government and called for the investigation to be handed over to the CBI. The report strongly criticised the TMC government for allegedly failing to stem the violence that erupted after its emphatic victory in the Assembly polls. The TMC secured a landslide mandate, bagging 213 of the 292 seats for which polling was held in eight phases. The BJP had won just 77 seats.
Later, in a 95-page affidavit submitted to the Calcutta High Court on post-poll violence, the Banerjee government has alleged that the NHRC committee that probed the matter “was fraught with bias against the ruling dispensation.” It alleged that the members of the NHRC probe team share close ties with BJP leaders.
The BJP leadership has welcomed the order and said it proved that allegations of post poll violence were true. The case will now be placed before a Division Bench for dealing with other issues in the NHRC committee report and other proceedings. The matter will come up for hearing in the first week of October.
The development assumes significant ramifications for West Bengal. Trinamool Congress government and Chief Minister Mamata Banerjee had refuted allegations of post poll violence. Ms Banerjee had maintained that there was no violence after she was sworn as the Chief Minister on May 5 for the third consecutive time and whatever violence took place was during the days when the Election Commission of India was in-charge of the law and order situation in the state pending the formation of the popular government.
