'Incidents Of Violence Even If Isolated, Not Good For Healthy Democracy': Calcutta High Court On West Bengal Post Poll Violence

A 5-judge bench of the Calcutta High Court comprising  Acting Chief Justice Rajesh Bindal, Justice IP Mukerji, Justice Harish Tandon, Justice Soumen Sen and Justice Subrata Talukdar on Thursday pronounced the verdict in a batch of petitions alleging State inaction against the alleged acts of violence unleashed by members of ruling Trinamool Congress party on those who supported the BJP during the election. Acting Chief Justice Rajesh Bindal delivered the lead judgment whereas Justices I.P Mukerji, Harish Tandon, Soumen Sen and Subrata Talukdar delivered separate but concurring judgments.

Justice Bindal in his lead judgment emphasised on the need for an independent investigation to be conducted  by observing that there have been repeated instances of inaction by the State police authorities in registering complaints.

"In spite of the fact that three months have lapsed no concrete action has been taken by the State, which could inspire confidence except filing affidavits and placing on record thousands of papers. In number of cases pertaining to murder, rape and other crime against women, the cases are sought to be closed without registration of FIRs or no response given to the committee apparently to favour the accused, FIRs have not been registered under proper provisions of law"

Further, it was opined in the judgment that in a number of FIRs registered the accused persons belong to the ruling disposition. As a result, the State police authorities were hesitant to register complaints and conduct due investigation. Reliance was also placed on the NHRC committee report to opine that the police authorities have 'downplayed' allegations by the victims and thus investigation by an independent agency must be conducted to inspire confidence of the people in the rule of law.

"Even comparison of data pertaining to crime during previous corresponding period will also not come to the rescue of the State as the pattern of the crime can change and the period thereof. Further there are definite and proved allegations that complaints filed by the victims of post poll violence were not registered. Such types of incidents, even if isolated are not good for healthy democracy", the Court added.

The Court then proceeded to direct the Central Bureau of Investigation (CBI) to investigate allegations of heinous crime such as murder and rape. Only the cases which have been mentioned in the report of the Committee pertaining to murder and rape shall be referred to CBI, the Court directed.

"In some cases, even after registration of FIR, the observation by the State is that these may result in 'no case'. This shows pre-determined mind to take investigation into a particular direction", Justice Bindal observed with anguish.

Furthermore, it was also taken into consideration by the Court that the State police authorities had begun to register complaints only after the intervention of the Court and the NHRC committee.

"A number of FIRs were registered by the State suo-moto after the Court had intervened. In some the allegations pertained to the incidents which had taken place immediately after the result of the State Assembly Elections was declared whereas, in some, FIRs were registered belatedly for the incidents which had taken place about a month ago", the Court noted.

In order to allay the fears of the concerned petitioners about the possibility of a biased investigation being conducted by the State police, the Court on Thursday

The petitioners apprehend that seeing the conduct of the police, there may not be fair investigation. To install faith of the people in rule of law and considering the extraordinary circumstances constitutes a Special Investigation Team headed by Suman Bala Sahoo and Soumen Mitra and Ranveer Kumar, all IPS officers of West Bengal cadre to probe into allegations of crimes committed other than rape and murder.

"The working of the SIT shall be overviewed by a retired Hon'ble Judge of Hon'ble the Supreme Court, who shall be requested to take up the assignment after taking his/her consent. He will be required to only review the working of the SIT and ensure that it is moving on a right track. Any report(s), pleadings or applications shall be filed in court only by and under the signatures of the Head of SIT. The idea being to inspire confidence regarding the independence of system being followed for investigation of cases", Justice Bindal further observed.

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

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