“State’s Law Enforcing Agencies Have Become Silent Spectators”: Plea In Supreme Court Seeks Top Court Appointed SIT Probe Into Alleged Killing Of 16 BJP Activists

A plea has been filed in Supreme Court seeking to handover the investigation/case concerning massacre/killing of people/workers suspected by the State of West Bengal to be supporters of BJP post West Bengal polls and destruction of their houses/properties by the goons of Trinamul Congress Party (TMC), to the SIT to be constituted by this Hon’ble Court. 

It has been argued that as per Media reports, the incidents of killing of BJP workers and destruction of their properties by the people of TMC are still going on with complete impunity and the law enforcing agencies in the State have become silent spectators on account of tacit understanding with the ruling party i.e. TMC and its political head.

“From media reports, it is clearly discernible that there is subversion of Constitution by State Government while professing to work under the Constitution and the State ruled by the Respondent No.3 and her political party have been indulging in creating disunity and disaffection among the people of the State to disintegrate the democratic social fabric and in the process, have been resorting to subvert its basic feature/ democracy. From massacre killings of people of opposite political party by TMC which has formed the government after having won the election with majority, under the leadership of the Mamta Banerjee, it is axiomatic that Mamta Banerjee and her political party TMC are seeking to subvert the principles of a responsible government and to set up a party dictatorship and consequently, there is complete chaos and anarchy in the state.”, the plea states. 

The plea preferred by Advocate Ghanshyam Upahdyaya states that there is abdication of governmental powers by the State of West Bengal ruled by the TMC & Shri Mamta Banerjee in the matter of protecting the lives, liberties and properties of the people of the state and more particularly, those who have voted rival party viz. BJP in the State Assembly Elections. 

The petitioner has averred Shri Mamta Banerjee, the current Chief Minister of the State seems to have forgotten her “rajdharma” completely & with the result she has been found to be treating certain class of people of state who have campaigned in election & voted against her/her political party as her worst enemies. 

“With the result, people belonging to her and her political party viz. TMC in tacit understanding with the Chief Minister have resorted to killings/ massacre of the people belonging to BJP and law enforcing agencies/ police machineries of the State have become silent spectators to such ghastly and heinous crimes. Even turning blind eye to such ghastly murders, loot, plunder and arson of the majority community only because they are believed to have voted against the TMC, is nothing sort of such crimes being sponsored by the state and in the process, there is complete breakdown of constitutional machineries in the State.”, the petitioner has averred further in this context. 

It has also been averred that the wrong doers belonging to TMC according to media reports have been able to commit ghastly crimes with complete impunity. 

To substantiate his averment the petitioner has further averred that “Only inference which can be drawn is that such a ghastly crimes have been committed by the goons of TMC in tacit understanding with its political head and with the result, there is complete anarchy in the State.”

“This kind of killing of the innocent people and destruction of their residences/houses by the people of ruling political party in the state, which being in powers and thus, the custodian of the rule of law, merely because they belong to rival political party, is not only extremely illegal, inhuman, but also it is shocking to the conscience of the court and is nothing but Talibanisation of the State, which cannot be countenanced at all.”- excerpt of the plea.

In light of the above, the plea also seeks for directing the State to disassociate itself from investigation of such cases & Governor, State of West Bengal to submit the report to this Hon’ble Court under Article 356 of the Constitution of India so as to enable this Hon’ble Court to ascertain as to whether there is complete failure and breakdown of constitutional machineries in the State or otherwise and if upon such report so submitted, this Hon’ble Court is satisfied that there is complete breakdown of constitutional machineries in the state, then this Hon’ble Court may be pleased to hold and declare so. Further, relief has also been sought to direct the Central Govt to invoke Article 355 of the Constitution of India for the State of West Bengal and thereby to give advice to the President to issue a proclamation for the State under Article 356(1) of the Constitution of India.