West Bengal post-election violence: SC sends notice to the Centre

West Bengal post-election violence: SC sends notice to the Centre

On Tuesday, the Supreme Court issued notice to the Central government in response to a petition by the West Bengal government is appealing to the Calcutta High Court’s decision to compel a CBI investigation into incidents of murder and crimes against women allegedly committed during the state’s post-poll unrest.

The Centre and other respondents were asked to answer, and the case was remanded for further consideration on October 7 by a Bench of Justices Vineet Saran and Aniruddha Bose. 

On August 19, the High Court ordered the CBI to investigate cases of murder and crimes against women that occurred during West Bengal’s post-election unrest.

A Special Investigation Team will look into any additional incidences of post-election violence (SIT). The High Court has ordered that both investigations be watched. 

The High Court had ruled, citing the NHRC committee’s recommendations. 

The High Court issued the ruling after reviewing a report by a seven-member committee of the National Human Rights Commission, which was formed to investigate reports of post-election violence.

Following the outcome of the West Bengal Assembly elections in May 2021, numerous people who had to abandon their homes due to violence filed a complaint with the High Court, alleging that workers of the ruling All India Trinamool Congress party were refusing to let them return home. 

The High Court ordered the formation of a three-member panel on May 31 to ensure that people who have been displaced in the state due to post-election violence can return to their homes.

The West Bengal State Legal Services Authority (WBSLSA) Member Secretary, the West Bengal Human Rights Commission, and the National Human Rights Commission were to make up the three-member committee. 

The aggrieved parties were told to file complaints with the West Bengal State Legal Services Authority, and the Committee was to investigate them and take efforts to allow them to return to their homes. 

The WBSLSA then filed a report with the Court detailing the complaints received as well as the aftermath of the post-election violence.

The following is what the Court said about the WBSLSA’s report. 

“According to the complaints, a total of 3,243 persons have been injured. As a result, it ordered the NHRC to intervene, as well as requiring the State to guarantee that the NHRC Committee receives the necessary support to visit the impacted communities. 

Justice Arun Mishra, the Chairperson of the National Human Rights Commission, then formed a seven-member team to investigate reports of post-poll violence. 

The NHRC committee then issued a report criticising the ruling Trinamool Congress for turning the state’s affairs into “rule of rulership” rather than “rule of law.”

It was suggested that serious crimes such as murder and rape be turned over to the Central Bureau of Investigation (CBI) for investigation and that such cases be tried outside of the state. 

The State government had vigorously challenged the NHRC findings, which questioned the human rights body’s neutrality.

Shivani Agrawal
My name is Shivani Agrawal, and I'm a 3-year LL.B student at Lloyd Law College. I'm a little of a sceptic and a bit of a thinker. I chose law as a career because there is room for growth and potential in this field, and I want to help people achieve justice. I'm always on the lookout for new challenges that will help me improve my legal talents and I enjoy conducting legal studies.