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Plea Filed Before Supreme Court Seeking Declaration That The Constitutional Machinery In West Bengal Has Broken Down

Radhika Roy
4 May 2021 12:18 PM GMT
Plea Filed Before Supreme Court Seeking Declaration That The Constitutional Machinery In West Bengal Has Broken Down
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Indic Collective Trust has moved the Supreme Court seeking a declaration that the Constitutional machinery in the State of West Bengal has broken down within the meaning of Article 356 in the State.

Settled by Advocate J. Sai Deepak and filed by Advocate Suvidutt M.S., the plea furthers seeks directions to the Central Government to deploy central protection forces, including armed forces, for the restoration of law and order in the State of West Bengal. It also prays for the constitution of a Special Investigation Team (SIT), headed by a retired Supreme Court Judge to look into the involvement of politicians, if any, in the targeted pogrom in the State.

Additionally, the plea seeks issuance of directions for immediate arrest of and prosecution against all individuals involved and/or responsible for the commission of heinous offences in the aftermath of the 2021 Assembly elections, along with directions for setting up and/or establishing a special court to adjudicate and dispose of matters pertaining to the prosecution of political miscreants and/or any individuals involved in the commission of heinous offences.

The plea, filed on behalf of Indic Collective Trust, submits that urgent relief is being sought in view of the widespread violence and disruption of law and order that has erupted in the aftermath of the elections, and the failure of the State machinery in protecting the life and liberty of its citizens.

"…the reliefs are imperative in order to protect the life and property of the people of West Bengal under Article 21 of the Constitution of India which is being brazenly violated in pursuance of political vendetta and supporters of the All India Trinamool Congress".

Highlighting that the election-related violence began in the State after the declaration of the results on May 2, 2021, the plea states that members and supporters of opposing political parties "have been brutally murdered, with their houses and personal property being destroyed. There have been instances of heinous crimes including bombing of localities, murders, violations against the modesty of women, riotous looting, kidnapping, arson and destruction of public property".

"It has been categorically reported that till May 3, 2021 more than ten political activists were killed and numerous were beaten up and/or injured. These instances have instilled unimaginable fear in the minds of the citizens who will now be apprehensive of exercising their fundamental right to free speech and expression against the ruling party. Such fear would lead to the death of democracy".

It is further submitted that instances of gang rape and physical assault against women have also been reported, and that there has been deliberate inaction on behalf of the State Government, leading to the State turning into a "complete lawless zone", thereby demonstrating that the violence is premeditated and targets a group of people who have exercised their voting rights against the ruling party.

"The current state of affairs in West Bengal is so dangerous and wrought with internal disturbance that urgent interventions by this Hon'ble Court and deployment of central forces in the State is the need of the hour'.

In light of the failure and neglect of the State administration and police authorities in West Bengal, the plea prays that it is imperative that the Top Court grants the urgent reliefs sought for by the Petitioner.


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