Take Decision Within 6 Months On Complaint Accusing West Bengal Police Of Committing Excesses In Nabanna Chalo Rally: Delhi High Court Directs NHRC

The Delhi High Court has directed the National Human Rights Commission (NHRC) to decide within six months a complaint filed over alleged police atrocities by the West Bengal police during Nabanna Chalo rally organised by Bharatiya Janata Yuva Morcha in October 2020.

Justice Prathiba M Singh disposed of a petition moved by one Rohit Verma, a BJP volunteer, aggrieved by the Commission's inaction in responding to his complaint.

The court noted that though the matter was receiving due consideration by the Commission, the proceedings must be concluded within a “time-bound manner” as the incident took place in 2020.

The counsel appearing for NHRC submitted that the Commission has taken cognisance of the petitioner’s complaint and is exercising its power to deal with it in an independent and rational manner.

The court noted that the affidavit filed by NHRC suggests that directions were passed by it in the matter and a finding was also returned that there was a violation of human rights.

“The court is of the opinion that the matter is receiving due consideration. However, considering the fact that the subject relates to an incident which took place in 2020, it is deemed appropriate to direct that the NHRC would take its final decision in the matter within six months,” the court said while disposing of the petition.

It was the petitioner’s case that the complaint was filed to bring to the attention of the NHRC “the magnitude of the egregious human and fundamental rights violations" committed by the State machinery in West Bengal during the rally.

“The large-scale brutality committed by the police authorities were ordered and sanctioned by the Government of West Bengal in an attempt to crush and stifle dissent by brute force; since the "Nabanna Chalo" rally was organized to protest against its irresponsible governance and problematic policies. The police and the State Government thus, acted in tandem to stifle dissent and silence by force the demands of the people of West Bengal for accountability. The police attack on the "Nabanna Chalo" rally was an attack on democracy itself, no less," the plea read.

The petition further alleged that Verma was physically and verbally abused in the most abhorrent manner by the police authorities and also sustained grievous injuries after which he was taken to a hospital for immediate treatment.

It was also alleged that the police used water cannons mixed with colour to target peaceful protestors.

Furthermore, the plea stated that the NHRC had registered a case on the basis of the complaint and had issued a notice to the Chief Secretary of the West Bengal government on 15 October 2020. However, while the notice was issued promptly, the matter “went into cold storage” thereafter.

"By refusing to act on the Complaint (and various other complaints against the police establishment of West Bengal), the Respondent is laying to waste the powers granted to it under the Protection of Human Rights Act, 1993 and sleeping on its functions and duties as laid down in the Act," the plea read.

Case Title: Rohit Verma v. NHRC

Citation: 2023 LiveLaw (Del) 235