WB Post Poll Violence: Calcutta HC Asks NHRC & WBHRC If It Can Constitute Committee To Address Complaints Of Alleged Victims

The Calcutta High Court on Tuesday directed the National Human Rights Commission (NHRC) and the West Bengal Human Rights Commission (WBHRC) to obtain instructions as to whether they are in a position to conduct an enquiry into the allegation that close to 303 victims have been displaced due to the post-poll violence in West Bengal and have been obstructed from returning to their houses and workplaces. 

The Court vide order dated August 19, 2021 had handed over to the Central Bureau of Investigation (CBI) the investigation of cases related to murder, rape and crime against women whereas a Special Investigation Team (SIT) had been constituted to investigate other criminal cases related to post-poll violence.

A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajrashi Bharadwaj was adjudicating upon a prayer put forward by petitioner Priyanka Tibrewal to constitute a committee of two Members, one from the NHRC and the State Human Rights Commission to address the complaints of 303 alleged victims of post-poll violence.

The petitioner was also ordered to submit a copy of the writ petition and other relevant documents to the NHRC and the WBHRC within 2 days. 

The petitioner had earlier submitted a detailed affidavit before the Bench wherein the names and contact details of 303 alleged victims of post-poll violence had been enumerated. On the last date of hearing, the Court had allowed the petitioner to implead both the NHRC and the State Human Rights Commission in the instant proceedings for the concerned purpose.

On Tuesday, the Court directed the counsels appearing for the NHRC and the WBHRC to make their stand clear on the next date of hearing as to whether they are in a position to form the aforementioned Committee and conduct and enquiry into the allegations.

During the proceedings, the counsel appearing on behalf of the WBHRC apprised the Court that the scheme of the Protection of Human Rights Act, 1993 does not permit the NHRC and the WBHRC to act jointly and conduct an enquiry as prayed for. 

Furthermore, Advocate General S.N Mookherjee appearing for the State government apprised the Court that out of the 303 allegedly displaced persons, the name of 1 person has been repeated, 70 persons have returned to their houses, 16 persons could not be contacted, 43 persons are residing elsewhere, 18 persons are absconding and 155 persons have relocated elsewhere for professional purposes. 

The Court accordingly directed the Advocate General to submit an affidavit disclosing these facts on the next date of hearing which is slated to take place on April 20. 

Case Title: Priyanka Tibrewal v. State of West Bengal and Ors