In the wake of post-poll violence in West Bengal, the state government is seeking to recall an order by Calcutta High Court directing police to register cases in all matters that have been reported or place before the National Human Rights Commission.
The order was issued on the direction of the HC to investigated allegations of human rights violations and violence following the Assembly elections in the state earlier in the year. Issued by a five-judge bench, headed by Acting Chief Justice Rajesh Bindal, the order took note of the interim report of a committee set up by the NHRC. The order was passed on July 2.
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The government of West Bengal however, in its recalling application that it did not get an opportunity to argue on the contents of the interim report, claiming that it was not made public by the bench after the same was submitted before the court on June 30.
The government said that it could not advance any argument against the findings of the report as it did not get an opportunity to contradict the findings of the report and "why the findings should not be accepted, even prima facie".
The high court on July 2 also ordered a second autopsy of a BJP labour wing leader, allegedly killed in post-poll violence, at the Command Hospital here and issuance of a show cause notice to a deputy commissioner of Kolkata Police as to why contempt proceedings would not be initiated against him for violating its order.
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"From a perusal of the report prima facie stand taken by the petitioners is established that there had been post- poll violence and the state was found on a wrong foot, where throughout it was on a denial mode," the bench also comprising justices I P Mukerji, Harish Tandon, Soumen Sen and Subrata Talukdar had observed on July 2.
The committee, which filed an initial report in a sealed cover before the court on June 30 as per its direction, sought more time for further investigation of complaints. The prayer was granted by the bench and the matter was adjourned till July 13.
The bench had ordered the state that whatever information has been asked for by the committee from different authorities in the state, be supplied immediately, maintaining that any delay may call for adverse inference. A bunch of PILs filed before the high court had alleged displacement of people from their residences, physical assault, destruction of property and ransacking of places of business owing to post-poll violence in the state.
The high court had on June 18 directed the NHRC chairperson to constitute a committee to examine all cases with regard to alleged human rights violations in post-poll violence in West Bengal.
(With inputs from PTI)
