The Calcutta High Court today called for a probe by the Central Bureau of Investigation (CBI) into cases of murder and crimes against women that took place during post-poll violence in West Bengal..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 Bench 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 Court ordered. State should hand over all records of cases to CBI for such investigation, the Court said."It shall be a court monitored investigation and any obstruction in the course of investigation by anyone shall be viewed seriously," the Court added. The Court also referred all other cases cited by NHRC committee in its report to a Special Investigation Team (SIT) for court-monitored probe. The SIT will comprise three IPS officers of West Bengal cadre, Suman Bala Sahoo, Soumen Mitra and Ranvir Kumar. The working of SIT will be overviewed by a retired judge of Supreme Court on which a separate order will be passed later after taking the consent of the concerned judge, the Court said.The Court also said that the notice issued to Rashid Munir Khan, Deputy Commissioner of Police, South Suburban on July 2, 2021 to show cause why proceedings for contempt of court may not be initiated against him, shall be dealt with later. All agencies of the State have to cooperate with the CBI and SIT for the probe, the Court underscored. The case will now be placed before a Division Bench for dealing with other issues in the NHRC committee report and other proceedings.The matter will be heard again on October 4, 2021..Three separate but concurring judgments were delivered by a Bench of Acting Chief Justice Rajesh Bindal and Justices IP Mukerji, Harish Tandon, Soumen Sen and Subrata Talukdar..Following the results of the Assembly elections, many persons who had to flee their houses due to the violence approached the Court claiming that they were not being allowed to return home by TMC workers.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 strongly contested the NHRC report questioning the impartiality of the human rights body. "NHRC report is a politically motivated report. The homilies on independence of NHRC is laughable," Dr. Abhishek Manu Singhvi had submitted on behalf of the State.Senior Advocates Mahesh Jethmalani, Bikash Ranjan Bhattacharya, Pinky Anand and advocates Priyanka Tibrewal, Ravi Sharma, J Sai Deepak, Kabir Bose, Shoumendu Mukherjee, Debu Choudhury appeared for various petitioners. Additional Solicitor General YJ Dastoor and advocate Phiroze Eduji, Arijit Majumdar, Bhaskar Prosad Banerjee and Amrita Pandey appeared for the Central government. Advocate General Kishore Dutta represented the State of West Bengal while Senior Advocates Dr. AM Singhvi, Kapil Sibal and SN Mookherjee appeared for West Bengal Police officials. .[Read Judgment]
The Calcutta High Court today called for a probe by the Central Bureau of Investigation (CBI) into cases of murder and crimes against women that took place during post-poll violence in West Bengal..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 Bench 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 Court ordered. State should hand over all records of cases to CBI for such investigation, the Court said."It shall be a court monitored investigation and any obstruction in the course of investigation by anyone shall be viewed seriously," the Court added. The Court also referred all other cases cited by NHRC committee in its report to a Special Investigation Team (SIT) for court-monitored probe. The SIT will comprise three IPS officers of West Bengal cadre, Suman Bala Sahoo, Soumen Mitra and Ranvir Kumar. The working of SIT will be overviewed by a retired judge of Supreme Court on which a separate order will be passed later after taking the consent of the concerned judge, the Court said.The Court also said that the notice issued to Rashid Munir Khan, Deputy Commissioner of Police, South Suburban on July 2, 2021 to show cause why proceedings for contempt of court may not be initiated against him, shall be dealt with later. All agencies of the State have to cooperate with the CBI and SIT for the probe, the Court underscored. The case will now be placed before a Division Bench for dealing with other issues in the NHRC committee report and other proceedings.The matter will be heard again on October 4, 2021..Three separate but concurring judgments were delivered by a Bench of Acting Chief Justice Rajesh Bindal and Justices IP Mukerji, Harish Tandon, Soumen Sen and Subrata Talukdar..Following the results of the Assembly elections, many persons who had to flee their houses due to the violence approached the Court claiming that they were not being allowed to return home by TMC workers.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 strongly contested the NHRC report questioning the impartiality of the human rights body. "NHRC report is a politically motivated report. The homilies on independence of NHRC is laughable," Dr. Abhishek Manu Singhvi had submitted on behalf of the State.Senior Advocates Mahesh Jethmalani, Bikash Ranjan Bhattacharya, Pinky Anand and advocates Priyanka Tibrewal, Ravi Sharma, J Sai Deepak, Kabir Bose, Shoumendu Mukherjee, Debu Choudhury appeared for various petitioners. Additional Solicitor General YJ Dastoor and advocate Phiroze Eduji, Arijit Majumdar, Bhaskar Prosad Banerjee and Amrita Pandey appeared for the Central government. Advocate General Kishore Dutta represented the State of West Bengal while Senior Advocates Dr. AM Singhvi, Kapil Sibal and SN Mookherjee appeared for West Bengal Police officials. .[Read Judgment]
