Calcutta High Court gives ‘last opportunity’ to West Bengal government to file affidavit on NHRC’s post-violence report
The Calcutta High Court on Thursday gave the West Bengal government the “last opportunity” to file an affidavit by July 26 stating its position on the NHRC report on the post-poll violence in the state.
The five-judge bench, hearing PILs alleging that post-poll violence in Bengal resulted in people being attacked, ran away from homes and property destroyed, directed that the matter be re-tried. will be taken for 28 July.
The bench took note of the request by the counsel for the state for giving more time to file the response on the report given by the National Human Rights Commission (NHRC), saying that the last date of hearing was given time but had not filed the affidavit.
A bench of Acting Chief Justice Rajesh Bindal and Justices IP Mukherjee, Harish Tandon, Soumen Sen and Subrata Talukdar said, “Final opportunity is given to file an affidavit on or before July 26, 2021.”
It also declined the request of the State for supply of a copy of Annexure-I of the report. “We do not think there is any need to supply it as it contains the names of the victims of sexual violence. The full report will be given to the investigating officer/agency, who will investigate the matter,” the court said.
In an indictment of the Mamata Banerjee government, the NHRC inquiry committee report had said the state’s position is an expression of the “rule of law” rather than the “rule of law”.
The seven-member committee, which submitted its report before the high court on July 13, recommended that the investigation of serious crimes such as murder and rape be handed over to the CBI, and that these cases should be tried outside the state.
Senior advocate Abhishek Manu Singhvi, appearing for one of the respondents, claimed that there were irregularities in the NHRC report and there were allegations of offense which was before the date of declaration of West Bengal Assembly election results on May 2.
He also alleged that the report tarnished political thought. Representing one of the petitioners, senior advocate Mahesh Jethmalani submitted that the NHRC report reflects the correct law and order situation in West Bengal.
He urged a bench headed by Acting Chief Justice Rajesh Bindal to hand over the investigation of heinous crimes like murder and rape to an independent investigating agency for impartial investigation.
The NHRC in its report also spoke of “retaliatory violence” by supporters of the ruling party against the main opposition party.
Criticizing the NHRC’s comments, Chief Minister Mamata Banerjee had accused the BJP-led government at the Center of “using unbiased agencies to settle political scores” and “maligning” the state.
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