[BREAKING] West Bengal Post poll violence: Supreme Court issues notice to Centre on plea by State govt against CBI probe

The Supreme Court on Tuesday issued notice to the Central government on a plea by West Bengal government challenging the Calcutta High Court decision to order a probe by the Central Bureau of Investigation (CBI) into cases of murder and crimes against women that allegedly took place during post-poll violence in the State (State of West Bengal v. Union of India) .

. A Bench of Justices Vineet Saran and Aniruddha Bose sought the response of the Centre and other respondents and posted the case for further consideration on October 7.

. The High Court has on August 19 directed that cases of murder and crimes against women that took place during post-poll violence in West Bengal should be probe by the CBI.

All other cases related to post poll violence will be investigated by a Special Investigation Team (SIT). Both probes will be monitored by the High Court, the High Court had held.

"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 High Court had ordered.

The order was passed by the High Court after examining a report by a seven-member committee of the National Human Rights Commission which had been constituted to probe complaints of post poll violence.

. Following the results of the Assembly elections in West Bengal in May 2021, many persons who had to flee their houses due to the violence had approached the High Court claiming that they were not being allowed to return home by the workers of ruling All India Trinamool Congress party.

The High Court had, on May 31, ordered the formation of a three-member committee to ensure that persons displaced by post-poll violence in the State are able to return to their houses.

The three-member committee was to comprise of Member Secretary of West Bengal State Legal Services Authority (WBSLSA), the West Bengal Human Rights Commission and the NHRC.

The affected parties were directed to lodge complaints with the West Bengal State Legal Services Authority and the Committee was to examine them and take steps to ensure that people are allowed to return to their house.

The WBSLSA then submitted a report to the Court detailing the complaints received by them and the effects of the post-poll violence.

The Court recorded the following about the report of the WBSLSA.

"The number of persons reported to have suffered as per complaints received is 3,243. In a number of cases, the complaints were referred to concerned Police station but no response was received."

It, therefore, proceeded to order NHRC intervention while also directing the State to ensure that the NHRC Committee be provided necessary assistance to visit affected areas.

NHRC Chairperson, Justice Arun Mishra then constituted a seven-member committee to inquire into complaints regarding post-poll violence.

The NHRC committee subsequently submitted a report accusing the ruling Trinamool Congress of turning affairs in the State into the " law of ruler ", instead of " rule of law ."

It recommended that grievous offences including murder and rape should be handed over to the Central Bureau of Investigation (CBI) for investigation, and that such cases should be tried outside the State.

" The other cases should be investigated by a court-monitored special investigation team (SIT). For adjudication, there should be fast track courts, Special PP and Witness Protection Scheme ," the 50-page report stated.

The State government had strongly contested the NHRC report questioning the impartiality of the human rights body.

. [Read Order]

[BREAKING] West Bengal Post poll violence: Supreme Court issues notice to Centre on plea by State govt against CBI probe

Debayan Roy

Related Stories