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Synopsis

The Supreme Court on Friday declined to entertain a plea by the National Human Rights Commission against the Calcutta High Court's order which set aside the rights panel's decision to appoint its observers for the panchayat elections in West Bengal.

A bench of Justice BV Nagarathna and Justice Ujjal Bhuyan said even though NHRC had ‘good intentions', the interference by it undermined the autonomy and independence of the State Election Commission. The court said the NHRC exceeded its jurisdiction in issuing directions.

"What the impugned communications sought to do was to supervise the conduct of elections in a parallel way, when that is the sole responsibility of the SEC," the bench said.

Senior Advocate Maninder Singh, appearing for the NHRC, contended that the High Court was wrong in assuming that the incidents of violence based on which suo motu cognisance was taken by the NHRC were more than one year old.

He further submitted that the jurisdiction of the NHRC is not barred due to the Election Commission. “No interpretation of Article 324 will exclude the application and interplay of the Human Rights Act,” he contended.

On this, the bench, however, said, “An independent election body is there to conduct free and fair election. Elections are over. Now we don’t expect another national body to supervise the SEC.”

The bench also observed it was debatable whether the Supreme Court was right in intervening in the conduct of elections and call for central paramilitary forces in the state.

"It is matter of debate whether the High Court and Supreme Court could have passed the order calling for central forces. Whether the Supreme Court has crossed the limits is a matter of debate. When that is a matter of debate, you want us to cross another limit,” the bench told the counsel.

The court also said there are so many instances where the NHRC can step in, but it is not doing it. "If we accept your contention, then the Human Rights Commission will become the Super Election Commission of India,” the bench said.

A single bench of the Calcutta High Court had on June 23 set aside the NHRC direction. This order was confirmed by division bench on July 5. 

The NHRC sought to appointment observers “to protect human rights” during the 2023 Panchayat Elections, on the basis of media reports on wide-spread violence.

According to reports, as many as  55 people have died in panchayat poll violence in West Bengal between June 8 to July 16, 2023.