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Recognising the spectrum of post-poll violent incidents widely reported in the media, Call for Justice, as a responsible Civil Society Organisation (CSO) constituted a Fact- Finding Committee to inquire into the Post Poll violence in West Bengal.

The observations and findings of the Committee are as follows:

1. Magnitude and reach of the post-poll violence touched many villages and towns all across the State simultaneously beginning from the night of 2nd May 2021. This is a clear indication that most of the incidents are not sporadic but premeditated, organised and conspiratorial.
2. The fact that some of the hardened criminals, mafia dons and criminal gangs, who were already in the police records, led and carried the deadly attacks unhindered reveals that there is clear political patronage even before the elections and same being used to silence the political rivals.
3. The incidents of targeted destruction and vandalization of properties, residential and commercial, have a sole purpose to deprive the livelihoods and choking the victims economically. The worst-affected people are those who depend on day-to-day work or business, who are pushed into financial degradation and unmitigated misery.
4. In most of the cases, victims were afraid to lodge a complaint with the police either due to fear of reprisal or due to the lack of faith in the police. Those victims who gathered courage to went to received police were either turned away to settle the matter with the culprits or flat refusal to register the case. Many people left to fend themselves leaving their homes and villages to safer destinations, to shelter camps within and outside the State.
5. Forcibly taking away Aadhar cards, ration cards, demanding a written undertaking on not to support a particular political party, demanding for ransom and protection money (called tolabazi) to return to workplace or for reclaiming lands or for rebuilding the houses, removal from contractual employment and all such incidents are basically to instill a lasting political impact and fear psychosis at large.
6. The targeting of people from Scheduled Castes Scheduled Tribes, Women, Children and other vulnerable sections of society reflects the deep-rooted malaise that had set in the system.
7. Although the count on exact number of casualties, grievous injuries, extent of damage to property is yet to be known fully, the lumpenisation of public life nurtured and protected through powerful lobbies at every level is very clear.
8. The intensity and spread of post-poll violence could have been halted or controlled if the administration and police had acted in time. The assessment of ground situation reveals that no adequate or reasonable measures were taken, knowingly or unknowingly.
9. The fact that thousands of victims ran helter-skelter leaving their homes and villages to faraway places, wherever they felt safe and secure inside and outside the State is a sad reality.

Pursuant to the above findings the Committee has made the following recommendations: 

• Urgently initiate concerted and coordinated efforts to restore normalcy and instill confidence in all sections of society.
• Peace and reconciliation committees, at ward, village, mohalla, block, town, district, state levels must be set up immediately, drawing representatives from all sections of society to initiate confidence-building measures on priority. This process must be well planned and coordinated and implemented.
• A conducive atmosphere must be created through vigorous efforts to ensure the safe return of those victims who left their homes out of fear and insecurity. Free transport and adequate facilities should be provided in transparent manner so that victims muster courage and confidence as early as possible.
• The financial loss due to damage and destruction of moveable and immoveable properties affected during post-poll violence must be assessed by setting-up of official teams on war-footing. The information so gathered should be kept in public domain and ex- gratia be disbursed through cheques or through online transfer, wherever possible, to ensure total transparency.
• A special relief package must be declared by the State Government immediately that include resettlement and rehabilitation, so that ample sense of security and safety returns amongst those who were affected in the post-poll violence.
• Government should initiate disciplinary proceedings on those delinquent officers, including All-India Service Officers, who failed to discharge their duties in protecting lives and destruction of properties. The services of retired Judges of High Courts or Supreme Court should be sought to head this inquiry proceedings.
• The very concept of All India Services is that the officers from these services, particularly, IAS and IPS, are supposed to be neutral, objective and proactive. It may be recalled that AIS officers take oath of allegiance on Constitution of India at the time of joining Service and to serve the Nation to the best of their abilities without identifying with any political party or political formulation, ruling or otherwise. This is more imperative particularly during the times of crisis, be it post-poll violence or any such visible breakdown of constitutional machinery. Although the various Administrative Reforms Commissions (ARC) came out with various recommendations to rectify the situation, the deterioration and lowering the standards continue with impunity. Government of India as Cadre Control Authority for All India Service Officers should address these issues comprehensively, explore all viable legal possibilities and make mid-course corrections as some of these problems relate to other States as well.
• The police should register complaints immediately and after due investigation chargesheets be filed in the jurisdictional Courts.

•  In order to ensure justice to all the victims within a specific time frame, special courts can be set up taluk and district levels. Free legal aid must be provided to the victims so that there will not be financial burden on those who already suffered immensely. All the accused in these cases be arrested immediately so that no one will be in a position to tamper with evidence, threaten the witnesses or coerce the victims.

• West Bengal shares borders with Bangladesh and other nations. The porous and long borders pose a major threat to internal security and definitely a lurking danger to sovereignty and integrity of our country. Therefore, NIA should investigate in order to check and suitably counter the involvement of cross-border terrorists and radical elements effectively. An Empowered Committee should be formed to study the demographic changes that have taken place over the past few decades, specifically in the border districts and the impact of demographic imbalance on post-poll violence and increased unlawful activities in these areas.
• All the Reports prepared by MHA, NCSC, NCW, NHRC, NCPCR along with the Report of this Fact-Finding Committee must be placed before Hon’ble Supreme Court of India. In the light of overwhelming, ample, substantial and convincing evidence, Hon’ble Supreme Court may consider constituting a Special Investigation Team (SIT) immediately. Progress of the work of SIT should be monitored by Hon’ble Supreme Court of India to ensure impartial and professional manner, either through a sitting Judge or a retired Judge of Supreme Court for fair investigation and early justice. As an alternative, Government of India may constitute a Judicial Commission headed by a sitting or a retired Chief Justice or a Judge of Supreme Court or High Court. 

The Committee has said that "Keeping in view this frightening factual field reality and also constraints of time, this Report of Fact-Finding Committee can be considered to be interim in nature. However, the Committee will continue and discharge its bounden duty whenever the lockdown restrictions are over and threat of COVID-19 pandemic comes to an end."

The Committee comprises of the following members:

1. Justice Permod Kohli, Former Chief Justice, High Court of Sikkim– Chairperson
2. Shri Anand Bose, IAS (Retired), Former Chief Secretary, Kerala– Member
3. Ms. Nirmal Kaur, IPS (Retired), Former DGP, Jharkhand– Member
4. Shri Nisar Ahmed, Past President, ICSI– Member
5. Shri M. Madan Gopal, IAS (Retired), Former Additional Chief Secretary, Karnataka– Member Secretary

The National Human Rights Commission Chairperson (Former Supreme Court Judge) Justice Arun Mishra, has also constituted a Committee to enquire into the complaints of post poll violence in West Bengal, in accordance with the previous orders of the High Court of Calcutta.