[Tripura Violence] Top Court had relegated case concerning Bengal Violence to High Court when situation there much worse: State of Tripura tells Supreme Court

  • Thyagarajan Narendran
  • 03:08 PM, 02 Dec 2021

After the Top Court issued passed an affirmative ad interim order in a plea by All India Trinamool Congress (AITC), seeking a direction to the authorities in the state of Tripura "to discharge their constitutional and statutory duty of ensuring the maintenance of security and safety before the upcoming Municipal elections", it indicated that it may refrain from hearing the case further. It is to be noted that Court also passed a slew of directions for conduct of elections one week ago.

The remaining prayers by AITC seek investigation into alleged acts of vandalism and hooliganism and immediate action on complaints of victims of assault, intimidation, other crimes. 
A Supreme Court bench of Justices Chandrachud, Surya Kant and Vikram Nath said it will consider as to whether the court should give liberty to All India Trinamool Congress to pursue available remedies in the writ petition before Tripura High Court.

When the hearing for the matter commences, Tushar Mehta, Solicitor General of India (SG), submitted that a crucial fact had been missed out and that the Tripura High Court was already seized of the matter. The SG said that a similar plea was made in the West Bengal Post Poll violence case and the court had then directed the petitioner to approach the High Court. “The situation was much worse at the time there,” he said.

Justice Chandrachud was of the opinion that  that the election process was over and that the results had already been declared. He further said that the court took up the matter to ensure that the election process is conducted peacefully.

The bench expressed that since Trinamool Congress has already withdrawn their petition before the Tripura High Court, they are inclined to order revival of the proceedings since the High Court can consider rest of the prayers.

Gopal Shankarnarayan, Senior Advocate, appearing for Trinamool congress submitted that the DGP and SP had filed 3 reports according to the order of the court and that there is an admission by them there is a contempt.  He submitted that the contempt plea has to be considered by the Supreme Court.

The court on hearing the parties was of the opinion that some prayers can be considered by the High Court . However due to paucity of time, the court has now adjourned the matter to Tuesday.

On the last date of hearing, the court had directed the State Election Commission to ensure that all media personnel are given unhindered access to cover the local body elections in Tripura.

Case title: All India Trinamool Congress Vs State of Tripura