Post Poll Violence In West Bengal: Plea In Calcutta HC Seeks Compensation To Affected People, NIA Probe

The petition, which has been moved by Social Activist Susheel Kumar Pandey through Advocate J. Sai Deepak (Arguing Counsel) & Advocate Rishav Singh, states that the State machinery failed to protect the life and liberty of its citizens and that the members and supporters of the opposing political parties have been systematically murdered in cold blood in broad daylight, with their houses and personal properties being destroyed in the presence of police personnel.

"There have been instances of heinous crimes including the bombing of localities, murders, violations against the modesty of women, riotous looting, kidnapping, arson and destruction of public property," the plea adds.

The petitioner avers that as a consequence of "this pogrom", thousands of people, reportedly close to 80,000, all or most of whom are or are suspected of being supporters of the opposition parties have fled to neighboring states such as Assam, "which showcases the utter and deliberate failure of the State machinery to protect their fundamental rights."

The petition claims that the current state of affairs in West Bengal is unprecedented and satisfies the ingredients of Article 355 at the very least and it further states,

"The nature of the videos and content doing the rounds across various social media platforms is so gory and gruesome that the collective conscience of the citizens in the State and across the country has been shaken."

The Petitioner has also stated that the State administration and its police authorities failed and/or neglected to clamp down on the unruly elements, and have refused to register complaints in several instances, thereby leading to institutionalized violence and destruction of the democratic fabric of the State.

Significantly, the plea states,

"For a Government which is led by a woman, its apathy for the cruelty meted out to women supporters of other political parties merely for their political leanings and affiliations is shocking and must stir the conscience of every right-thinking individual and institution which is responsible for protecting the lives and dignities of people in the State."

Lastly, it avers,

"In a nutshell, this is textbook fascism at work and it is a national disgrace that this has taken place in the largest democracy in the world and in the great State of West Bengal which led the Indian Renaissance."

Prayers in the plea:

• Issue direction to the State of Bengal to file a report on the steps taken to deal with violence from May 2, 2021 after the declaration of the election results;
• Issue direction to the State of Bengal to show cause for not registered police complaints and FIRs of victims despite the reported exodus of at least 80,000 people from the State to neighbouring States such as Assam;
• Issue direction to the State of Bengal to place before the Hon'ble Court the steps taken to rehabilitate the victims of the violence, including those who have fled to the neighbouring States;
• Issue direction to the State of Bengal for immediate arrest and prosecution of all individuals involved and/or responsible for the commission of heinous offences in the aftermath of the West Bengal assembly elections;
• Issue direction to the State of Bengal to show cause for not registering complaints with respect to sexual assault of women in the State as part of the violence despite confirmation of such instances by the National Commission for Women;
• Issue direction to the Union of India to deploy central protection forces for the restoration of law and order in the State of West Bengal;
• Issue a direction to the National Investigation Agency to take charge of the investigation of the violence unleashed in the State and submit its report to this Hon'ble Court for further action;
• Constitute a separate Bench or designate a special court to adjudicate and dispose of matters pertaining to the prosecution of any individual or organization involved in the commission of heinous offences in pursuance of the political pogrom unleashed on May 2, 2021;
• Issue a direction to the State of Bengal to provide adequate compensation over and above the compensation already declared to the families and/or heirs of the victims who have lost their lives due to the failure of the Respondent No. 1 to protect the life and property of the people of West Bengal.

The Calcutta High Court will be hearing the plea next week.