There was no post-poll violence in the State: West Bengal govt to Calcutta High Court

The West Bengal government told the Calcutta High Court on Monday that there was no post-poll violence in the State after the All India Trinamool Congress (TMC) scored a thumping victory in the 2021 State Assembly elections. (Anindya Sundar Das v. Union of India)

. A five-judge bench of Acting Chief Justice Rajesh Bindal and Justices IP Mukerji, Harish Tandon, Soumen Sen and Subrata Talukdar was apprised by Advocate General Kishor Datta that according to their report there were no instances of post-poll violence after May 9, 2021.

. The submissions were made in a plea filed by a lawyer, Anindya Sundar Das claiming that post poll clashes between different political parties in the State had led to the death of at least 11 persons.

. The plea alleged serious dereliction of duty on the part of police and sought constitution of a Special Investigation Team to investigate the same.

. Datta on Monday sought time to respond to each paragraph of the plea and also raised preliminary objection to the maintainability of the plea on the ground that the petitioner had no locus to approach the Court.

. This submission was met with much opposition from the Additional Solicitor General YJ Dastoor , representing the Central government, who stated that various spokespersons of the political parties had come out with statements in the media that their respective workers had suffered in the post poll violence.

"There is no doubt of post poll violence (having occurred)," he submitted.

. The ASG also informed the Court that the National Human Rights Commission, the State Human Rights Commission, State Commission for Women and even the State Scheduled Caste and Scheduled Tribes Commission received complaints from people who could not approach the police stations or their complaints were not registered.

. Dastoor sought an order from the court to the police officers to register an FIR against such complaints from the commission.

. The Court observed that the lives of people were of utmost importance and it was the State's duty to protect all people. As a court it was their job to ensure everyone followed the course of law.

. The petitioners submitted that there were people still out of their homes who were scared to go back to their residences due to fear of being attacked again, and they could neither approach the police stations, out of fear of bring attacked there.

. Based on the above, the plea prayed for measures to stop the violence and also sought constitution of SIT to investigate the same.

It was also prayed that adequate central forces should be deployed in disturbed areas and families those who were killed should be given adequate compensation.

. Datta responded by stating that all these complaints have been looked into by the police and sought leave to place facts on record.

. The Court acceded and granted time to the State to respond to the petitions on facts. The Bench also reiterated that the situation seemed to be improving as compared to before.

"Let us be positive. The State is taking this issue seriously," the Bench stated before adjourning the hearing.

. The hearing is now posted to May 18, 2021.

[Read order here]

There was no post-poll violence in the State: West Bengal govt to Calcutta High Court

Neha Joshi

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