BREAKING| WB Post Poll Violence: Calcutta High Court Constitutes 3-Member Committee To Address Complaints Of Alleged Victims

The Calcutta High Court on Wednesday constituted a three member committee to conduct an enquiry into the allegation that over 303 victims have been displaced due to the post-poll violence in West Bengal that had allegedly taken place post the declaration of the West Bengal assembly elections in May 2021. 

The Court vide order dated August 19, 2021 had handed over to the Central Bureau of Investigation (CBI) the investigation of cases related to murder, rape and crime against women whereas a Special Investigation Team (SIT) had been constituted to investigate other criminal cases related to post-poll violence.

A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajrashi Bharadwaj was adjudicating upon a Public Interest Litigation (PIL) petition by petitioner Priyanka Tibrewal wherein it had been submitted that over 303 victims had been displaced due to the alleged violence and had been subsequently prevented from returning to their respective houses and workplaces. 

On Wednesday, pursuant to the rival submissions, the Court constituted a three member committee comprising of the following persons, 

(i) a member/ nominee of the National Human Rights Commission;

(ii) a member/ nominee of State Human Rights Commission; and

(iii) Member Secretary, State Legal Services Authority.

The Court further directed the Committee to ensure that appropriate opportunity of hearing is given to the State government before it reaches to any conclusion. The Committee was further instructed to address the complaints of the alleged victims and conduct an enquiry into their right to return to their houses and workplaces. 

On Wednesday, the petitioner further submitted another affidavit on behalf of another 100 victims who have been similarly displaced and prevented from returning to their houses and workplaces due to the alleged violence. 

It may be noted that a 5-judge Bench of the High Court had earlier constituted a three member committee comprising of members nominated by NHRC, SHRC & SLSA to enable persons displaced during the West Bengal post poll violence to return to their homes peacefully. Thereafter, vide order dated June 18, 2021, the 5-judge Bench had ordered the NHRC to constitute a committee that will examine complaints filed by persons who were displaced during the post-poll violence in West Bengal. Pursuant to such a direction, the Chairperson of the NHRC Justice Arun Mishra had constituted a 7 member committee to look into the complaints. 

The petitioner had earlier submitted a detailed affidavit before the Bench wherein the names and contact details of 303 alleged victims of post-poll violence had been enumerated. The Court had also earlier granted police protection to the alleged victims by ordering the DG & IG of Police, West Bengal to ensure that the victims are not harassed by police authorities or local goons. 

On the last date of hearing, the Court had directed the counsels appearing for the NHRC and the WBHRC to make their stand clear as to whether they are in a position to form a Committee to conduct an enquiry into the allegations. The petitioner had prayed for the constitution of a 2 member committee one from the NHRC and the State Human Rights Commission to address the complaints of 303 alleged victims of post-poll violence.

Case Title: Priyanka Tibrewal v. State of West Bengal and Ors

Case Citation: 2022 LiveLaw (Cal) 136

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