Delhi High Court Seeks NHRC's Response Over Alleged Inaction On Complaint Against WB Police Excesses During 'Nabanna Chalo' Rally

The Delhi High Court has sought response of the National Human Rights Commission (NHRC) on a plea filed by a BJP volunteer, aggrieved by the Commission's alleged inaction in responding to his complaint over alleged police atrocities in West Bengal during 'Nabanna Chalo' Rally on 8th October 2020.

Justice Rekha Palli issued notice on the petition moved by one Rohit Verma. The notice is returnable on November 10.

The plea states that a complaint was filed by the petitioner on October 13, 2020 in order to bring to the notice of NHRC the alleged "Police brutality/atrocity and excessiveness on Youth including Women during a peaceful Bharatiya Janata Yuva Morcha "Nabanna Chalo" Rally on 8th October 2020". 

It is the case of the petitioner that the said rally was organised to peacefully protest against the "ineffective, irresponsible, brutish, intimidatory, dictatorial and violent governance of the TMC led state Government."

"The protests were also directed against rampant and recurrent political killings in West Bengal, including that of a local BJP leader by the name of Manish Shukla at Titagarh in the North 24 Parganah District," the plea added.

The petition further states that the aforesaid complaint in question was filed to bring to the attention of the NHRC, "the magnitude of the egregious human and fundamental rights violations" committed by the State machinery in West Bengal during the rally.

"The large-scale brutality committed by the police authorities were ordered and sanctioned by the Government of West Bengal in an attempt to crush and stifle dissent by brute force; since the "Nabanna Chalo" rally was organized to protest against its irresponsible governance and problematic policies. The police and the State Government thus, acted in tandem to stifle dissent and silence by force the demands of the people of West Bengal for accountability. The police attack on the "Nabanna Chalo" rally was an attack on democracy itself, no less," the plea reads further.

In the plea, it has been alleged that the petitioner was physically and verbally abused in the most abhorrent manner possible by the police authorities due to which he had also sustained grievous injuries and was taken to a hospital for immediate treatment. It has also been alleged that the police used water cannons mixed with colour, in order to target peaceful protestors.

Further, the plea states that the NHRC had registered a case on the basis of the complaint and had issued a notice to the Chief Secretary, Government of West Bengal, on 15 October 2020.

However, the plea states that while the NHRC notice was issued promptly, the matter went into cold storage thereafter.

"By refusing to act on the Complaint (and various other complaints against the police establishment of West Bengal), the Respondent is laying to waste the powers granted to it under the Protection of Human Rights Act, 1993 and sleeping on its functions and duties as laid down in the Act," the plea reads.

During the course of hearing today, counsel appearing for the petitioner was asked by the Court as to why the concerned State was not approached in the case.

To this, it was stated that the answer lies under Section 13(6) of the Protection of Human Rights Act, 1993 which provides thus:

"Where the Commission considers it necessary or expedient so to do, it may, by order, transfer any complaint filed or pending before it to the State Commission of the State from which the complaint arises, for disposal in accordance with the provisions of this Act."

"After taking cognizance, the NHRC had the power to keep the issue with themselves or to transfer the case to the State Commission," petitioner's counsel submitted.

Hearing the counsel for Petitioner, Court issued notice on the plea and directed the replies to be filed in the matter.

Advocates Kabir Shankar Bose and Surjendu Sankar Das are representing the petitioner in the case.

Case Title: Rohit Verma v. NHRC