WB Post Poll Violence: Calcutta HC Directs State Gov To Decide Plea For Compensation Of Deceased BJP Worker Abhijit Sarkar Within 2 Months

The Calcutta High Court on Wednesday directed the State government to expeditiously decide an application for compensation moved by the family members of deceased BJP worker Abhijit Sarkar who was allegedly killed by TMC members during the violence that had allegedly taken place post the declaration of the West Bengal assembly elections in May 2021.

BJP leaders in West Bengal had alleged that Trinamool Congress (TMC) workers were behind the death of 35-year-old Abhijit Sarkar. Pursuant to the orders of the Court, the CBI had lodged an FIR in the case on August 25, 2021 and had also taken over the investigation from the West Bengal Police.

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

The parents of Sarkar had moved a plea before the Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj seeking compensation from the State as per the Court's earlier directions.  

The counsel appearing for the petitioner apprised the Court that a representation dated March 11, 2022 had been made before the Chief Secretary, Government of West Bengal and the Secretary, Department of Home and Hill Affairs regarding payment of compensation. However, it was averred that no response has been received on such a representation. 

Advocate General S.N Mookherjee submitted before the Court that such a representation will be duly considered and a decision will be taken by the Chief Secretary, Government of West Bengal. 

Accordingly, the Court directed the State government to take a decision on such an application seeking compensation as expeditiously as possible preferably within a period of 2 months. 

It may be noted that the Court on Wednesday also sought the State government's response on a plea seeking issuance of directions to the State government to formulate a policy for granting compensation to the victims of post poll violence so that such victims can be given compensation in a time bound manner.

The Court has also constituted a three member committee to conduct an enquiry into the allegation that over 303 victims have been displaced due to the post-poll violence in West Bengal. The 3 member committee shall comprise of (i) a member/ nominee of the National Human Rights Commission; (ii) a member/ nominee of State Human Rights Commission; and (iii) Member Secretary, State Legal Services Authority.

Case Title: Anindya Sundar Das v. Union of India and other connected matters

Case Citation: 2022 LiveLaw (Cal) 135 

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