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While slamming the West Bengal Government for its evasive response on the cases of post-poll violence that was unleashed in the state, allegedly at behest of the ruling Government, Calcutta High Court said that it was this dodging by the Mamata Banerjee led government that led to multiple petitions being filed before the High Court.

(A 5-judge bench of the Calcutta High Court has considered it appropriate that the CBI take over the investigations concerning previous cases of crimes against women as well as murder.)

Some notable observations have come in from the High Court highlighting how the West Bengal Government evaded the plight of victims who alleged post-poll violence.

"The facts clearly speak for themselves in the case in hand. These cannot be brushed aside on the argument especially when the entire issue revolves around politics as the contentions raised by the petitioners are that they were assaulted and their properties were damaged. Besides there being cases of murder and rape, only on account of the fact that in the recently concluded Assembly Elections, they had supported the political parties other than the ruling party in the State"
- Calcutta High Court

While stating that the Committee report of the NHRC had found that the response of the State was "piecemeal" and complete information was not furnished, Court added that details of number of people displaced, total monetary loss, details of relief camp, people reinstated, compensation provided and other personal details were not provided despite innumerable reminders and the state went on to tell the Court that the report regarding prevention action taken in the matter(s) was still awaited from the DGP (WB).

"Even though two senior Counsel appeared and argued on behalf of the DGP as well without filing any affidavit but still this information was not furnished even in Court. It goes without saying that even during the course of hearing of the petitions as well the conduct of the State has been quite evasive in furnishing information though thousands of documents have been placed on record," Court said.

Court further earmarked that a "lukewarm" response had been received from the state as stated by the NHRC Committee as in 60 % of the cases, FIRs were not registered.

"In one case of murder of Abhijit Sarkar, his brother had to approach this Court for conducting second autopsy, which was allowed and it was got conducted from Command Hospital, Kolkata as the victim was not having faith in the Government machinery," the Court elaborated further/

Inaction of State in cases of Crimes against Women

Court has stated that are "glaring examples" of inaction by State is with regard to the handling of serious offences such as crime against women - rape or attempt to rape, made in the complaints presented by the complainants before the Committee, which were referred to the police.

Court added that proper steps had not been taken to investigate the heinous crime, which could inspire confidence in the law enforcing agencies. "In the Master Data furnished by the Committee there are 13 cases of rape. In one of the case the victim has even approached Hon’ble the Supreme Court for intervention and the matter is pending." the Court noted.

Court said that glaring cases of murder and rape downplayed by the State and proper provisions of law were not invoked either.

"Claims of state that violence in state was under control after May 5, record put forth by State itself says otherwise"

Court noted that though it was claimed by the learned Advocate General that ever since the ruling party came to power officially on May 5, 2021 the violence, if any, was put under control, the claim was found to be contrary with the record produced by the State itself.
"In North 24 Parganas, FIR No. 87 of 2021 dated 09.05.2021 was registered on a complaint made by the police official against unknown workers of the party in power where they damaged certain houses, raised slogans, terrorized the people," Court said while reflecting on Suo Motu FIRs registered by the State.

Court observed that in another dated May 04, 2021 registered at Nandigram Police Station on the complaints made by the police officials, 100-150 unknown persons and they were protesting against an incident which occurred on May 03, 2021 at Nandigram Bazar and the surrounding areas where shops, houses of the members of the non-ruling party were attacked by burning tyres, throwing wooden logs.

However, there is nothing on record to show that any FIR was registered of the incident which took place on May 03, 2021. The FIR only pertains to the protest which took place later on, Court noted.

Calling out the Government's claims of registering 58 FIR's, Court slammed the Government and said their own record suggested that only 22 FIRs had been registered much after the incident shown therein. "It was only because the matter was pending in this Court and was being monitored and further the Committee had been constituted by this Court," it added.

"Out of 268 FIRs claimed to be registered by the police suo- moto, copies of only 219 could be found. It is evident that 62 FIRs were registered up to May 05, 2021 whereas, 157 FIRs were registered from May 06, 2021 onwards. Some of these were registered immediately after the offence was committed whereas in many of these, FIRs were registered belatedly. The aforesaid figure submitted by the State itself belies the stand taken by it that the post-poll violence was controlled the moment the new government had taken over on May 05, 2021 and secondly, number of cases were registered much after the violence had already taken place, only because this Court was monitoring the cases and a Committee had also been constituted.

 

Calculated silence maintained to let evidence be destroyed

Court has noted that though in some cases, FIRs have been registered or some other action has been shown to be taken by the State but there is nothing stated about the balance 972 complaints forwarded by various Commissions to the police.

"In paragraph 56 of the Exception, strange contentions has been raised that the Committee was to submit the medical reports in cases of crime against women as if it was not the duty of the police to carry out that exercise immediately when the offence was reported. In fact this shows that a calculated silence was maintained to let the evidence be destroyed."

Court further said that a huge exercise was carried out by the State in filing thousands of papers in the Exceptions filed to the report of the Committee and the idea behind which seems to be to side track or confuse the issue, for which efforts were made repeatedly. "Written submissions were filed by the State running into 532 pages including Annexures. Apparently, certain more documents have been furnished there is no reference to the page number of the document already on record," it said.