[West Bengal Post Poll Violence] Failure On The Part Of Officers To State Correct Facts Would Result In Serious Consequences: Calcutta HC

The Calcutta High Court on Friday warned the officials of strict action upon failure on their part to place the correct facts before the court in relation to post poll violence.

The Constitution bench comprising Acting Chief Justice Rajesh Bindal, Justice I.P. Mukerji, Justice Harish Tandon, Justice Soumen Sen And Justice Subrata Talukdar  while hearing the batch of petitions related to the violence that engulfed the State post Assembly Elections observed that the concerned officers were responsible for placing the entire facts pertaining to the crime or any disturbance. 

“We make it clear that leaving aside whatever is stated in the petition or in the affidavit-in-opposition, it shall be the responsibility of the officers concerned to place entire facts before the Court pertaining to any crime or any disturbance which has taken place in that area post State Assembly Elections including the allegations of the petitioners. Failure on their part to state complete and correct facts before the Court, may result in serious consequences.”, the Court said.

One of the petitioner, Ms. Priyanka Tibrewal, submitted that she had filed an affidavit-in-reply to the affidavit-in-opposition filed by the State and along with that, affidavits of about 200 persons, who are not being allowed to go back to their houses, have been annexed. 

She also claimed that some of their family members were still living in the houses whereas some family members who had participated in the election process supporting a particular political party, were not being allowed to enter the area.

On Ms Tibrewal’s submission, the learned Advocate General, Mr Kishore Datta submitted that the copy of the affidavit in reply had not been received by him. Disputing Advocate General’s submission Ms Tibrewal undertook to supply the copy of the affidavit in reply to the office of learned Advocate General.

Earlier, the Court came down heavily on the West Bengal Government for a shoddy response in the plea’s concerning post-poll violence. 

While granting liberty to persons aggrieved of post poll violence to approach NHRC, WBHRC, NCW & National Commission for Scheduled Castes & Schedule Tribes, the court said, 

"If any person has suffered on account of post-poll violence, he shall be at liberty to file a complaint along with the supporting documents to the National Human Rights Commission, West Bengal Human Rights Commission, National Commission for Women and National Commission for Scheduled Castes and Scheduled Tribes. The same can be either by way of hard copy or online. The aforesaid commissions in turn will forward those complaints to the Director General of Police, West Bengal immediately." 

The matter will now be taken up on May 31 at 11:00 AM.