The CBI and an SIT will investigate post-election violence in Bengal
The Calcutta High Court today ordered a probe by the Central Bureau of Investigation (CBI) into "heinous crimes of murder and rape" and a Special Investigation Team probe into other complaints of violence after the results of the West Bengal election was announced in May, resulting in the thumping victory for Chief Minister Mamta Banerjee's Trinamool Congress.
The court in a 124 page judgment said a status report from come within six weeks from the CBI and the SIT probes and compensation should be paid to victims.
Acting Chief Justice Rajesh Bindal's observations and the findings of a committee appointed by the National Human Rights Commission (NHRC) are unsparing to the Bengal Police.
The police, the court said, failed to file first information reports (FIRs) in cases of serious crimes or registered FIRs only for minor offences in case of serious crimes. The police sometimes displayed a "predetermined mindset to take a case in a particular direction", apparently to favour the accused who, in many cases, were identified as workers or supporters of the ruling party, the judgment says.
"Further there are definite and proved allegations that complaints filed by the victims of post poll violence were not registered. Such types of incidents even if isolated are not good for a healthy democracy," the judgemnt said.
Citing these reasons, the court said the "heinous crimes of murder and rape deserve to be investigated by an independent agency." The judgment said that in many cases the police registered cases only after the fact-finding committee of the NHRC intervened.
"To install faith of the people in the rule of law and considering the extraordinary circumstances with which the state and the court is faced with we proposed to constitute a special investigation team," the judgment said.
On the charge of bias by the NHRC against the ruling party, the judgment said the state had raised the issue about three members of the NHRC committee, but "the argument just needs to be rejected."
The allegation of bias was raised by Ms Banerjee, who said members of the committee had links with the BJP. The court held that the argument was an attempt to "misdirect the issue and delay proceedings".
"It seems to be an argument in frustration where on the core issue the state has been found on the wrong foot," the judgment said.
The court, however, criticised the NHRC for including opinion and recommendations in its final report. The NHRC had exceeded its brief, one of the judges noted in his concurring opinion.
But the NHRC had recommended a CBI probe and the setting up of an SIT, which the court has done.
The BJP has welcomed the judgment, calling it historic for Bengal and a vindication of the claims of post-poll violence.
The Trinamool has said it is unhappy with the order and getting the CBI to probe law and order is an infringement on the rights of the state. The Mamata Banerjee government will likely go to the Supreme Court. Lawyers of the petitioners have already filed caveats in the Supreme Court.