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Synopsis

In the aftermath of the 2024 Lok Sabha Elections, the Calcutta High Court (HC) has taken a tough stance on false post-poll violence claims.  A single bench presided over by Justice Amrita Sinha imposed a total cost of Rs 10,000.

The parties approached the court seeking to withdraw their case, claiming an amicable settlement had been reached. Initially, the petitioners alleged that they were BJP workers ousted from their homes by supporters of the ruling party.

State counsel Suman Sengupta informed the court during the hearing that investigations revealed the petitioners were never displaced and attempted to misrepresent a neighbourly dispute.

While allowing the withdrawal of the case, Justice Sinha imposed a fine of Rs 5000 on each party and directed that the “funds be used for the purpose of renovation/maintenance of the ladies wash room(s) in the main building of the High Court. The money will be used only for the aforesaid purpose and not for any other purpose.”

The High Court has been actively involved in addressing post-poll violence concerns and has been dealing with various PILs regarding post-poll violence. It had directed the state to ensure safe passage for all those displaced by the violence. On June 21, the HC mandated the West Bengal government to restore law and order in areas affected by violence following the 2024 Lok Sabha elections. A division bench, consisting of Justices Harish Tandon and Hiranmay Bhattacharyya, extended the deployment of central paramilitary forces in the state until June 26, following an earlier extension to June 21, which was granted on a plea by BJP leader Suvendu Adhikari.  Adhikari had alleged that ruling party workers were targeting opposition supporters, while reiterating that it is the state's duty to maintain law and order in the affected regions. In the event of failure, the central government is authorized to intervene, including deploying armed forces if necessary.

The court, in its previous order stated that “We cannot shut our eyes to the spate of complaints as disclosed and the allegation on the role of the Police Administration for which we feel that the deployment of the Central forces may continue for a limited period.”

It is also pertinent to note that tensions friction Governor C.V. Ananda Bose and the state government continue over the issue of post-election violence. The Governor has written to Chief Minister Mamata Banerjee addressing the violence concerns. On June 16, Governor Bose, along with Leader of Opposition Suvendu Adhikari, met with victims at Raj Bhawan. This followed an earlier incident where Kolkata Police, citing prohibitory orders under Section 144, prevented the victims from meeting the Governor. The Governor has since questioned the Chief Minister regarding the police's actions despite having granted the necessary permissions for the visit.