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The Calcutta High Court has dismissed a plea filed by West Bengal government seeking recall of the the order in which it had pulled up the State Government for its complete apathy towards those who had suffered at the hands of the post poll violence.

Court had also directed the NHRC to constitute a committee in order to look into the complaints by displaced persons and victims of the violence that engulfed the state in the aftermath of polls, allegedly on behest of Mamata-led ruling party workers.

A 5-judge Bench has noted that it cannot sit in appeal over its own orders & considered it appropriate for the state to approach the NHRC instead with the grievances.

Advocate General Kishore Dutta for the State told Court that it was pertinent that violence engulfing a state post poll be clearly defined. 

"Any violence cannot be called post poll violence," he said, adding that the state had already taken action as stipulated.

Following Calcutta High Court’s order dated June 18, 2021 in Post-poll violence case which included remarks like-

 “In our view, this exercise of filing of affidavit and counter affidavit will continue. It may not lead us anywhere because State from the very beginning had been denying everything but the facts as have been placed on record by the petitioners…”,

West Bengal Government had filed a recall petition via an affidavit urging the court to recall and/or modify the order passed by the Hon’ble Larger Bench on Friday.

The affidavit had been filed on behalf of Additional Chief Secretary, Home and Hill Affairs Department, and Home Secretary, Government of West Bengal. The Government, submitting that State has taken appropriate steps in the concerned matter, has requested the High Court that a hearing be given to the State of West Bengal before passing any further order on the alleged complaints brought forth by the West Bengal State Legal Services Authority.

A five judge bench of Calcutta High Court passed an order on last Friday asking National Human Rights Commission (NHRC) to constitute a committee to visit violence- hit areas and that will examine complaints filed by persons who were displaces and file a report by June 30.  The order was passed while hearing a plea that alleged that a number of people fled their homes to save their life during post-poll violence and was unable to return and that sought Court’s intervention to ensure safe returns of the families

Taking notice of the inactions of the State in the matter, the Bench remarked,

“Affidavits after affidavits being filed by the petitioners raising grievances which have briefly been noticed in the arguments of the learned counsel for the petitioners. Where it is alleged that though they have been reinstated back to their houses but are being threatened again with cross cases being filed against them or they are compelled to write that they have not made any complaints or their right to livelihood is sought to be effected in the manner noticed above. In our view, this exercise of filing of affidavit and counter affidavit will continue. It may not lead us anywhere because State from the very beginning had been denying everything but the facts as have been placed on record by the petitioners and also as is evident little bit from the report dated June 3, 2021 filed by the Member Secretary of the West Bengal State Legal Services Authority, are different.”

Now, in its recall petition the Government of West Bengal has pleaded that the finding of the High Court in the order dated 18th June, 2021 against the State of West Bengal and/or its officers may be expunged.

The Affidavit stated,

“the order dated 18th June, 2021 may be recalled and/or modified in the view of the fact that the same has been passed without giving an opportunity to the State to file its response in connection with the report filed by the Member Secretary, West Bengal State Legal Service Authority before this Hon’ble Court”.

In the Affidavit the Government has also prayed that the balance of convenience and inconvenience squarely rests in favour of passing of orders as prayed for herein by the applicants and the order prayed for in the present application may be passed in public interest.