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In a PIL before the Gauhati High Court, seeking guidelines for protecting  civilians that fled from State of West Bengal to Assam, due to post poll violence, Assam Govt. has intimated that around 70 internally displaced persons crossed the State boundary and entered Kokhrajhar district.

The Affidavit adds that there were no children in the entire group of 70 persons and that all of them have now left for their homes, under the responsibility of Coochbehar district Administration, West Bengal.

“The displaced people on arrival was provided with shelter, food and medicine maintaining COVID 19 protocol by the district administration. The SDM of Gossaigaon under Kokrajhar District provided accommodation and shelter to the persons at the Relief Camp set up at Srirarnpur MGR ME School w.e.f 24.4.2021 to 12.5.2021,” Affidavit on behalf of State of Assam reads.

The petition states that if the Assam Govt. continues to give shelter to people fleeing from West Bengal, it will create pull factors – resulting in a large number of people entering Assam and keeping the perpetrators to continue oppression and killings.

To this, Govt. of Assam has clarified that no further influx has taken place since 12.05.2021.

“The Government of Assam has been keeping such displaced people in situation of protracted displacement and for the time being also providing them durable solution such as food, shelter and livelihood, but Assam government cannot keep such people in such situation for a prolong period. The Government of India has no National Policy to respond to conflict-induced IDP and the responsibility for protecting such people has generally been delegated to the State Governments. In the absence of national policy, any State government cannot keep such people for an indefinite period, as it will impact socio-economic situation of that State, create law & order problems, and affect economy as well as social structure of the concerned State,” the plea says.

With respect to registration of FIR and subsequent investigation, it is submitted by the Assam Govt. that a FIR was lodged by Ratan Das, resident of Singimari, Rampur at Gossaigaon PS under Section 325, 427, 506, 34 IPC on 10.5.2021 alleging post poll violence by TMC members. Upon investigation it was found that the place of occurrence falls within State of West Bengal, therefore, an application was moved before the JM 1st class Gossaigaon for transfer of the case to Boxirhut PS, Coochbehar, West Bengal.

“Violence in West Bengal has also witnessed a widespread, systematic and imminent attack where State Protection was moot. Persons were targeted based on their religious and imputed political opinion line because they are perceived as opposing the groups in control, and simply for being an obstacle or hindrance by their presence,” the plea adds.

The Gauhati High Court, by order dated June 1, 2021, recorded the appearance by Govt. of Assam and NCPCR, directing a detailed reply to be filed by State of Assam and the Union of India. On the contention that whether State of West Bengal needs to impleaded, Court had posted the matter for July 14. It was recorded that in case that be the situation, the matter will fall out the jurisdiction of the concerned High Court and would be an exclusive subject matter of the Apex Court under Article 131.

In the last order dated August 19, Court granted last opportunity to the Union to file its rejoinder, while listing the matter next for September 24, 2021.

The petitioner prays for directions to the Govt. of Assam and its authorities to ensure safe return of victims who moved to Assam due to post poll violence.

Plea has been filed through Advocate Ditul Das.

Case Title: Abhijit Sarma v. State of Assam