Post Poll Violence: WB Govt Moves Calcutta High Court Seeking Recall Of Contempt Notice To DCP Over NHRC Obstruction

The West Bengal government on Tuesday filed an application before the Calcutta High Court seeking a recall of its order dated July 2 pertaining to the post-poll violence in the State, whereby contempt notice was issued to Southa Kolkata DCP, for allegedly failing to prevent obstruction to NHRC team probing the incident.

The Court vide its July 2 order had issued a host of directions to the State government, on the basis of an interim report submitted by NHRC Committee. It issued show-cause notice for initiation of contempt of court proceedings against Rashid Munir Khan, Deputy Commissioner of Police of South Kolkata for allegedly failing to prevent obstruction to the NHRC team which had earlier visited Jadavpur to examine the allegations of post poll violence.

The West Bengal government has claimed that it could not refute the contents of NHRC's interim report as it was submitted in a sealed cover.

The interim report had prima facie found evidence of the alleged post poll violence. The Court had said that the State will be granted an opportunity to make its submissions, after filing of the Final Report of the Committee on July 13.

Vide the impugned order, the High Court had also ordered second autopsy of deceased BJP member Avijit Sarkar who was allegedly killed by TMC members during alleged post-poll violence.

Advocate General Kishore Datta informed the Bench that the Supreme Court has taken cognizance of Abhijit Sarkar's alleged killing. However, the Bench clarified that it is not passing any directions in the case and has merely ordered a second autopsy.

A five-judge Bench headed by ACJ Rajesh Bindal has been adjudicating upon a batch of petitions alleging violence in the State in the aftermath of the All India Trinamool Congress Party (TMC) sweeping to power in the State in the 2021 assembly elections. The Court on June 18 had directed the Chairperson of the NHRC Justice Arun Mishra to constitute a 7 member Committee to investigate the claims of post poll violence.

During the hearing on July 2, Advocate General Kishore Datta had urged the Bench to share a copy of the Committee's report, so as to enable him to make further submissions.

The Bench however declined this request, stating that the matter is still being investigated by the Committee. "Before passing any final order, due opportunity shall be granted to all the concerned parties to place their cases before the court, in view of the final report to be submitted by the Committee," the Bench had clarified.