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To ensure that the internally displaced victims of post poll violence are peacefully allowed to go back to their houses and live there, the Calcutta High Court today has constituted a three member committee for monitoring and coordinating the situation.

Constitution bench comprising Acting Chief Justice Rajesh Bindal, Justice I.P. Mukerji, Justice Harish Tandon, Justice Soumen Sen And Justice Subrata Talukdar also directed the committee comprising of an officer nominated by the Chairperson of the National Human Rights Commission and the West Bengal State Human Rights Commission and the Member Secretary of the West Bengal State Legal Services Authority to report back to the Court on this aspect.

“No person can be forced to remain away from his/her house because of threat to life, after Assembly Polls are over. They have the right to live in their houses peacefully. It is the duty of the State to ensure that law and order situation is maintained so that the persons, as alleged by Ms. Priyanka Tibrewal, are allowed to go back to their houses.”, the Court said.

The committee has been constituted as a result of dispute in the claims made by one of the petitioner Ms Priyanka Tibrewal and Learned Advocate General Mr Kishore Dutta with regards to the internally displaced victims.

As per Ms Tibrewal’s contention 200 persons were not allowed to go back to their houses after Assembly polls were concluded. It was also her contention that there was threat to their lives, in case they return back to their houses they were not being allowed to enter that area and even the police failed to entertain their complaints.

Opposing Ms Tibrewal’s submission, Mr Kishore Dutta, Advocate General of the State submitted that some of the persons, who were allegedly not being allowed to go back to their houses, were at different places as per their job requirements. He further added that some could not come back because of the lock down and whereas 39 persons already returned back to their houses.

The bench has also provided an official email ID namely wbstatelegal@gmail.com of the West Bengal State Legal Services Authority through which the persons allegedly not being allowed to go back to their houses can communicate about the problems being faced by them in returning back to the houses. 

The court has further directed the Committee to submit a report regarding the entire process as per which the Member Secretary of the authority would inform about the National and State Human Rights Commission after receipt of details. Directions have also been issued to the Commission to coordinate with the local police police stations to ensure that the displaced persons are allowed to go back to their houses.

“It shall be the duty of the local police to ensure that all the aforesaid persons when reinstated back in their houses are allowed to live peacefully and that they don’t face any threat to their life, liberty and property. In case of any untoward incident the local police will be responsible, if they fail to maintain peace, law and order in the area.”, the Court has further added. 

The Court has further asked to send the communications to the official email ID of the West Bengal State Legal Services Authority by 11 A.M. on June 01, 2021 after which the Committee shall coordinate and intimate to all the persons concerned about the place where they have to report. 

While directing to carry out the process from June 2, 2021 at 12:00 noon onwards, the Court has listed the matter to be heard on June 4 at 11:00 AM.