Justice Manjula Chellur Refuses Rs 10 Lakh Honorarium For Monitoring SIT Probe In WB Post-Poll Violence Cases

Justice (Retired) Manjula Chellur has informed the Calcutta High Court that she does not want to accept the Rs 10 lakh honorarium fixed by the Court for monitoring the SIT probe into West Bengal post-poll violence cases.

Taking note of this, the High Court directed that the State Government need not pay the honorarium to Justice Chellur, who was the Chief Justice of Calcutta High Court from August 2014- August 2016.

The Court vide its order dated September 3 had appointed Justice Manjula Chellur to head the the Special Investigation Team (SIT) constituted by the High Court to probe into allegations of post poll violence that had erupted in the State of West Bengal after the declaration of the 2021 assembly elections. Furthermore, the State government had been ordered to extend Justice Manjula Chellur a sum of Rs 10 lakhs for the assignment. 

In its order dated August 19, the High Court had directed the constitution of a SIT consisting of IPS officers of the West Bengal cadre- Suman Bala Sahoo and Soumen Mitra and Ranveer Kumar to probe into various criminal cases other than those related to murder, rape and crimes against women. Whereas the Central Bureau of Investigation(CBI) had been instructed to investigate the cases related to murder, rape and crime against women that had allegedly taken place post the declaration of the West Bengal assembly elections in May 2021. The Court had specified that the CBI investigation would be court monitored.

A 5 judge Bench comprising Acting Chief Justice Rajesh Bindal, Justice I.P Mukerji, Justice Harish Tandon, Justice Soumen Sen and Justice Subrata Talukdar had observed in its order dated September 3, 

"On account of immediate non-availability of a retired Hon'ble Supreme Court Judge to take up the assignment, we deem it appropriate to modify the aforesaid part of the order. While adding that the working of the SIT is to be monitored by a retired Chief Justice of a High Court. Further we had requested Hon'ble Ms. Justice Manjula Chellur, retired Chief Justice of this Court to take up the assignment. She has very graciously accepted our request. We accordingly appoint her to overview the working of SIT". 

In its September 3 order, the Court had further directed that arrangements must be made for Justice Chellur her to stay at a place befitting to a Chief Justice.

"It shall be the duty of the Chief Secretary of the State of West Bengal to ensure that all arrangements for her travel and stay are made and protocol facilities are extended to her", the order had further read. 

On Thursday, during the hearing certain counsels of the petitioners had raised the grievance that many alleged victims of post poll violence had been unable to lodge their complaints with the NHRC committee that had been previously constituted to collate all complaints pertaining to post poll violence. It was further contended by the petitioners that the CBI which is currently investigating crimes against women such as rape and sexual assault, is not registering complaints of victims despite repeated requests. 

However, the Bench refused to entertain such grievances as it observed that they had assembled only to pass a limited direction regarding the remuneration for Justice Chellur. 

In a related development, the West Bengal government has approached the Supreme Court challenging the aforementioned order of the Calcutta High Court directing CBI probe into cases related to murder, rape and crimes against women. On Monday, senior advocate Kapil Sibal appearing for the State of West Bengal, questioned the neutrality of the fact-finding committee formed by the NHRC. The NHRC committee had been tasked with the responsibility to prepare a report on the post-poll violence cases in West Bengal which had subsequently been referred to by the Calcutta High Court in its August 19 order. 

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