In a huge setback to the West Bengal’s Mamata Banerjee government, the Calcutta High Court on Thursday handed over all cases related to the post-poll violence in the state to the Central Bureau of Investigation. The development assumes significance since the CBI reports to the BJP-led government at the Centre.
The five-judge Bench comprising Acting Chief Justice Rajesh Bindal, Justice IP Mukerji, Justice Harish Tandon, Justice Soumen Sen and Justice Subrata Talukdar had reserved the judgment on 3 August.
The West Bengal government, according to Livelaw, has been directed to immediately process applications for compensation of victims. The CBI and the SIT have been directed to submit a status report within six weeks.
There were claims of widespread violence against BJP supporters in the state immediately after the election results were announced on 3 May, giving Mamata Banerjee a landslide victory.
A fact-finding team of the National Human Rights Commission had visited Bengal. The Bengal government had raised objections to the presence of a BJP member in the NHRC committee. A report by Outlook had said that Atif Rasheed, who at present serves as the vice-chairman of National Commission for Minorities, had a background in the Rashtriya Swayamsevak Sangh (RSS). He was also associated with the BJP’s students’ wing, the ABVP.
Another member of the NHRC, Rajulben Desai, was alsoa functionary in the Gujarat BJP’s Mahila Morcha (women’s wing).
Order: Allegations of bias against the NHRC committee not material. Court has perused all relevant documents.#calcuttahighcourt #postpollviolence
— Live Law (@LiveLawIndia) August 19, 2021
In response to the allegations of biases by the NHRC, the Calcutta High Court simply said, “Allegations of bias against the NHRC committee not material. Court has perused all relevant documents.”
The NHRC chairman is also a controversial man, Arun Kumar Mishra, who recently retired as a Supreme Court judge. He had to face widespread condemnation for showering praises on Narendra Modi even while serving as a judge in India’s top court.