[BREAKING] Calcutta High Court dismisses plea by West Bengal govt to recall order directing NHRC intervention in post poll violence complaints

The Calcutta High Court on Monday dismissed a plea filed by West Bengal government seeking recall of the High Court's June 18 order by which it had directed the chairperson of the National Human Rights Commission (NHRC) to constitute a committee to examine complaints by persons displaced by post poll violence in West Bengal. .A 5-judge Bench headed by acting Chief Justice Rajesh Bindal said that it cannot sit in appeal over its own orders and the State can place its contentions before the NHRC."We do not find any case made out for recall, modification or stay of order passed on June 18. State can place it's submissions and also place actions taken by it before NHRC. We are not sitting in appeal over order passed by us. Application dismissed," the Court said in its order. .The West Bengal government had sought recall of the June 18 order on the ground that it was not heard and adequate opportunity was not given to place all facts on record including the steps taken by the State government to address the issues relating to post poll violence. Advocate General Kishore Dutta representing the State government submitted that the Court should define what is "post poll violence"."Any violence cannot be called post poll violence. We should be allowed to place further facts so that everything can be resolved in this court itself. I cannot say State won't take action. We have already taken action," he maintained..Advocate Priyanka Tibrewal, representing the petitioners, submitted that the order should not be recalled and no prejudice is caused due to the order. .The High Court had, on June 18, noted that while the State government has been denying instance of post poll violence from the very beginning, the petitions filed by certain affected parties and a report submitted by the State Legal Services Secretary in this regard, painted a different picture.."It is the duty of the State to maintain law and order and to inspire confidence in the residents. The State from the very beginning had been denying everything but facts on record and report by State Legal Services Authority show differently," the Court had said.The State cannot be allowed to proceed in the manner it likes but somehow from facts available on record such action is missing, the Court had said on June 18."Under these circumstances, we direct NHRC to constitute a committee to examine the complaints," the Court had directed.The committee shall examine all the cases by visiting the areas and report to this court about steps to be taken to reinstate the confidence of the people, it further said.The order was passed on a bunch of petitions alleging that many people from opposition were subject to violence after the ruling All India Trinamool Congress (TMC) swept to power in the 2021 assembly elections.Many of them had to flee their houses due to the violence and they were not being allowed to return, the petitions said.During an earlier hearing on May 31, the High Court had ordered the formation of a three-member committee to ensure that persons displaced by post-poll violence in West Bengal 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 post poll violence.The Court had, on June 18, 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 had, 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.