Calcutta High Court orders NHRC to constitute a committee to investigate the complaints related to post-poll violence in West Bengal

Recently, the Calcutta High Court 5-judge Bench ordered the National Human Rights Commission to constitute a committee in order to investigate the complaints filed by persons who were displaced during the post-poll violence in West Bengal. This order was given after the HC noticed that the State Government had not taken any concrete steps despite the matter being pending in the Court. 

The Court observed that “In a case wherein the allegation is that life and property of the residents of the State are in danger on account of alleged post-poll violence, the State cannot be permitted to proceed in a manner it likes. However, an immediate action is required since it is the duty of the State to maintain law and order within the State and inspire confidence in the residents”.

Furthermore, the Bench, which also included Justices IP Mukerji, Harish Tandon, Soumen Sen, and Subrata Talukdar, was hearing several of the petitions alleging that hundreds of people were displaced as a result of the violence and are now unable to return home for fear of backlash. The High Court had earlier established a committee with members appointed by the NHRC, SHRC, and SLSA to coordinate the rehabilitation of displaced persons in the Entally constituency. It also ordered the State Legal Services Authority to investigate complaints of displaced people who are being stopped from returning to their homes and to take the appropriate actions to rehabilitate them. The Bench, after considering the Authority’s report, recorded that the facts indicated therein are different from what the State is claiming.

In these circumstances, and in light of the fact that these complaints sought to be projected by the Petitioners allege violations of human rights, the NHRC Chairman was directed to constitute a committee to investigate the complaints. The committee is required to submit a comprehensive report on the present situation post examining all the cases and visiting the affected areas if necessary. Further, the committee has to suggest steps that are to be taken to ensure the confidence of the people so that they can peacefully live in their houses.

Subsequently, the State government, moved to the High Court, claiming that it had not been served a copy of the West Bengal State Legal Services Authority’s report on rehabilitation of displaced persons, which paved the way for the June 18 order. Advocate General Kishore Datta on behalf of the State claimed that he couldn’t properly present his case without the report. As a result, he requested that the order be stayed to allow the State to demonstrate the steps it is doing to improve the situation. However, the Court refused to recall or stay its order of constituting a committee stating that the said order is innocuous and does not prejudice the State in any manner.