[Post Poll Violence] "NHRC report politically motivated; homilies on independence of NHRC laughable:" West Bengal Govt to Calcutta High Court

The report submitted by the National Human Rights Commission (NHRC) on the post poll violence that transpired in West Bengal after the 2021 Assembly elections is politically motivated, the Mamata Banerjee government told the Calcutta High Court on Thursday.

. Senior Advocate Dr. Abhishek Manu Singhvi representing the West Bengal government told the 5-judge Bench hearing the case, that the State should be given adequate time to respond to the NHRC report.

"NHRC report is a politically motivated report. The homilies on independence of NHRC is laughable," Dr. Singhvi submitted.

. The Court eventually granted the State government time till July 26 to file its response to the NHRC report and posted the case for further hearing on July 28.

"Request has been made by State to give them further time to file response to NHRC report. One last opportunity is granted to file affidavit of any before July 26. Matter to be taken up on July 28 at 11 am," the Court ordered.

. A 7-member committee of the NHRC had visited the State of West Bengal to hold inquiry into allegations of widespread political violence in the State after the All India Trinamool Congress (TMC) had swept to power for the third consecutive time after inflicting a resounding defeat on the BJP.

The NHRC probe itself came pursuant to an order passed by the Calcutta High Court had,on June 18, directing the Chairperson of NHRC to constitute a committee to examine complaints by persons displaced by post poll violence.

The order was passed on a bunch of petitions alleging that many people from opposition party were subject to violence by TMC workers.

Many of them had to flee their houses due to the violence and they were not being allowed to return, the petitions alleged.

The NHRC after investigation had submitted its report accusing the ruling TMC of turning affairs into the " law of ruler ", instead of " rule of law ."

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

.West Bengal post-poll violence shows a pernicious politico-bureaucratic-criminal nexus; has national security implications: NHRC report. When the case before the High Court was heard today, NHRC counsel Subir Sanyal maintained that the allegations should be probed by an independent agency without any intervention from the State government.

The Court, however, did not approve of the NHRC taking such a stand.

"You (NHRC) should not tell how to go forward based in report. That is for petitioner and State to argue. You (NHRC) are not a contesting party. You are not allowing others to make submissions," the Bench remarked.

Advocates for the affected individuals, Priyanka Tibrewal and Sai Deepak J also maintained that State should be kept out of the probe.

"I had argued right from the beginning that a Special Investigation Team should probe. State Police is not investigating. That is why SIT is needed," she said.

Similar stance was adopted by Senior Advocate Mahesh Jethmalani.

"There should be independent agency. That is what happened in Gujarat riots where State said let an independent agency probe. That is the attitude State should adopt," he said.

. The Court will hear the matter further on July 28.

[Post Poll Violence] "NHRC report politically motivated; homilies on independence of NHRC laughable:" West Bengal Govt to Calcutta High Court

Murali Krishnan

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