West Bengal Post Poll Violence Case : Supreme Court Hearing LIVE UPDATES

Sibal: Next issue is, When you’re in context of federal structure interpreting entry II of List II & transferring investigation to agency of Union, what are principles that you’ll apply while doing that?

Sibal: Their twitter handles have said their affiliation is to the BJP, anyway I will come to that later.

Sibal says 3 members of the NHRC committee were openly associated with the rival party.

"There may or may not be bias. The principle involved is apprehension of bias and not actual existence of bias" - Sibal.

Sibal: In context of violation of human rights, the Protection of Human Rights Act itself sets out a procedure for arriving at conclusion in respect of violations. In this case, the procedure was not followed.

Sibal: Only way facts can be discovered is through investigation, there’s no other way that facts can be discovered. If an incident takes place, only way to discover is complaint is true or not is through way of investigation as per the CrPC.

Sibal: In context of administrative law there’s a concept of bias. We’re now dealing with criminal law which is according to me is far more important because lives of people are dependent on investigation

Sibal: And what is the duty of court in allowing such committee. That’s the second broad issue.

Sibal: In a federal structure when one party is ruling in centre & other in State, and there’s an open electoral battle, is it appropriate to appoint people belonging to a particular ideology & party which has lost the election.

Sibal :  The committee according to us consisted of people openly associated with the party.

Justice Saran: Out of 6 how many were objectionable?

Sibal: 3 members.

Sibal : The moment there was violence, which there was no one denies, petitions were filed and a 5 Judge Bench was constituted. Orders were passed from time to time with most significant one being on 18th June, in terms of which HC said we request NHRC to constitute a Committee