Plea In Gauhati High Court For Rehabilitation Of Victims Fleeing From West Bengal To Assam In View Of Post Poll Violence

A plea has been moved in the Gauhati High Court seeking rehabilitation measures for victims fleeing from the State of West Bengal to the State of Assam amid post poll violence following the results of West Bengal Legislative Assembly Elections 2021 allegedly perpetrated by goons of the TMC (Trinamool Congress) in the State.

The plea moved by Abhijit Sarma and Ravi Cheddilal, through Advocate Ditul Das seeks setting up of a Committee headed by a retired Judge of the High Court requiring him to visit the camps where such displaced people are living and also to submit a report in this regard.

Alternatively, the plea also seeks registeration of FIRs in the State of Assam in every case and also prays for directions on the Union of India to make regulations with regards to Internally Displaced Persons.

The plea makes the following as Respondents: State of Assam, Assam Director General of Police and Union of India through Ministry of Home Affairs.

Placing reliance on the media reports showing alleged targeted violence "presumably by TMC workers" during the last few days of the elections, the plea avers thus:

"Following widespread violence perpetrated by the goons of TMC across state of West Bengal, many civilians of West Bengal start moving towards Assam seeking protection of their life and liberty. Respondent No. 1 (Assam) has been giving them protection for the time being and keeping them in situation of protracted displacement and providing durable solution like food, shelter and livelihood but they cannot keep them for sine die in such situation." 

Alleging that there is a "widespread, systematic and imminent attack against a civilian population in the State of West Bengal" the plea highlights specific instances of violence as under:

- One Rabindranath Chandra complained that TMC armed goons destroyed BJP workers house, and removed them from home and started bombing in Naya.

- One Shubhankar Jha complained that TMC goons Soumik Mukherjee, Bhola Sutradhar and Mithun have beaten his family, destroyed his house in Patharghata and gave him threats.

- One Biswajit Mondal Complained that TMC goons Sohidul Molla, Ashok Mondal, Mohodul Molla, Kholil Molla and Jamil Molla attacked and bombed the houses of BJP workers in Gram Kashiya Danga and gave them death threats.

- One Anita Samanta complained that TMC armed goons threatened a BJP Karmi and killed him in Sirsha Chowkon.

- Naimul Molla complained that BJP workers were beaten by TMC goons at Booth Number 49, 50, etc.

In view of the aforesaid, the plea states that in the absence of National legislation or a clear policy on IDPs, the onus is upon concerned state government to provide such people a durable solutions like food, shelter and clothes for the time being, but in such a situation, the "state government cannot keep them for indefinite period of time and keep feeding them given economic situation of Assam and geopolitical structure of the state."

"Respondent No. 1 is giving shelter to the people political killings of West Bengal and fleeing perpetrators will keep the tempo of the killings escalating as it was they who allegedly want to rid the people of State of West Bengal from people holding diverse political /religious case affiliations and establish a radical political culture." The plea reads.

The plea seeks the following prayers:

- Pass a Writ or Direction in the nature of Mandamus directing the Respondent No. 1 and Respondent No. 2 to make all endeavours to adequately, reasonably effectively and rehabilitate and eventually making provisions for safe return of victims to their state of West Bengal in time bound manner.

-Pass an appropriate Writ or Direction setting up and/or a committee establishing headed by retired Justice of this Hon'ble Court, requiring him/her to visit the camps where people are living in protracted of situation displacement, and submit a Report in this regard, to this Hon'ble Court;

- Direct Respondent No. 2 to immediately lodge FIRs in Assam in every case as they have sought protection in the state of Assam.

- Direct Respondent No. 3 to make Regulations with regard Displaced Internally to Persons.

- Pass Ad interim orders in further of the prayers above.