West Bengal Panchayat Election: Calcutta High Court directs State to file report on violence on polling day

Taking note of the large-scale violence that took place in various districts of West Bengal on the day of the panchayat elections, the Calcutta High Court on Monday ordered the State government to submit a report on the same [Adhir Ranjan Chowdhury v. State of West Bengal]..A Bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya sought to know the 'state of affairs' prevailing in the State at present. "Let a report be filed about the violence that broke out on the polling day. We will consider the issue," the Court ordered. Advocate General SN Mookherjee assured the Bench that a proper report will be filed on Tuesday..The Bench also ordered the State government to ensure that immediate and requisite medical facilities are provided to those who got injured in the violence on Saturday. On this aspect, the AG contested that the petitioner, Adhir Ranjan Chowdhury, has not made specific averments to point out any specific hospital where treatment was denied or facilities weren't given. "We agree with the Advocate General that there are no specific averments pointing out any specific hospital as such. However, State doesn't object to providing best of treatment to the injured persons. In hospitals which do not have facilities, the patient may be transferred to hospitals having the requisite facilities," the Court ordered. .Congress leader Chowdhury had moved the High Court highlighting the rampant violence that broke out in different districts of West Bengal. He sought a probe by an independent central agency, to be monitored by a retired judge of the High Court. He also sought compensation for the families of those who were killed in the violence."I would like to say that West Bengal is degenerating into a 'State of Anarchy.' The prevailing situation is full of violence including electoral deprivation, destruction of ballots and a number of electoral malpractices, which I think has presumed an appalling and national dimension much to the dismay to the people of the State. Reality is people of my State are witnessing a mockery of democracy, a travesty of devolution of power," Chowdhury submitted. .In his plea, Chowdhury highlighted a "toxic" nexus between the workers of the ruling party and the police."During the elections and after the elections, nowhere will we find any solace that democratic institutions are being honoured. There is a triumph working by burning the midnight oil. This triumph is Govt, State Election Commission, Police Administration. All three are conjointly hatching conspiracy to deny the political and electoral entitlements to the common man," he alleged. .During the hearing, the Bench took note of the photograph of a man who was seen brandishing a pistol and attacking a booth. "This man needs to be apprehended at any cost," CJ Sivagnanam told the AG. The AG replied that the said man had already been arrested and was under police custody at Barrackpore. "What will you do with his custody? Keep him in judicial custody, we think. Also, get him shifted from the said district to some other district as he has become famous overnight and has a danger to his life now," the Chief Justice observed. .As regards the prayer made in the petition to transfer the probe into the violence, the Bench said it was a larger issue and would be considered only after the State files its response. Further, the issue of contempt of court raised by Chowdhury in his petition will be heard tomorrow by another bench headed by the Chief Justice. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.