BREAKING -'West Bengal Govt Conduct Doesn't Inspire Confidence' :Calcutta High Court Refuses To Recall Order Asking NHRC To Examine Post Poll Violence Complaints

The Bench comprising Acting Chief Justice Rajesh Binal and Justices IP Mukerji, Harish Tandon, Soumen Sen and Subrata Talukdar.

"There were allegations that Police is not taking action and that is why we had to involve NHRC. You have not put on record a single complaint received by you. Your conduct in this case does not inspire confidence of this Court," ACJ Bindal orally remarked.

It observed that the order is innocuous and does not prejudice the State in any manner.

"We have merely asked NHRC to file a report on present situation. Let them do it. What is the harm?" the Bench asked Advocate General Kishore Datta, appearing for the State.

It added that the West Bengal Government may place its submissions and also the actions taken by it before the Committee to be appointed by NHRC.

The State had moved the High Court stating that it was not served a copy of report filed by the West Bengal State Legal Services Authority regarding rehabilitation of displaced persons, which formed the basis of June 18 order.

Advocate General Kishore Datta claimed that in the absence of the report, he was unable to effectively argue his case. He therefore urged that the order be stayed so as to give more time to the State to demonstrate the steps being taken by them to ameliorate the situation.

"Such a serious case and you have failed to take instructions? No, we cannot allow this," the Bench remarked at the outset.

The Bench also expressed surprise that on one hand NHRC has received over 500 complaints and on the other, State claims that no complaints have been received by its State Human Rights Commission.

"How is it possible… This is lethargy on part of State," the Bench remarked.

It observed that the proceedings are in the nature of fact-finding and there is no need to recall the order.

Additional Solicitor General YJ Dastoor, appearing for the Union Government, also stated that the Court has asked merely asked NHRC to file a report and that does not affect State administration. "If this Court stays the order, it will amount to giving leverage to State," he said.

Advocate Priyanka Tibrewal, representing some of the complainants, alleged that the State is trying to give a bird's eye view while violence in West Bengal continues. She cited the Barrackpore constituency blast incident and violence against a woman, to demonstrate that normalcy has not returned.

However, AG Datta argued that the definition of post poll violence has to be confined and every other incident cannot be branded as post poll.