This Article is From Aug 19, 2021

In Bengal Case, Court Says State's Obligations Not Vested With Poll Panel

Several incidents of violence were reported at various places in West Bengal after the announcement of the poll results on May 2.

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India News

Calcutta High Court ordered a CBI probe into allegations of rape, murder after polls. File

The Calcutta High Court today ordered a court-monitored Central Bureau of Investigation (CBI) probe into the incidents of post-poll violence in West Bengal and stated that Constitutional obligations of the state do not get vested in the Election Commission during the process of elections.

"Civil or police administration is under the control of the Election Commission during the process of elections only to ensure free and fair elections. That does not mean that the police stop discharging its normal duties to control law and order," the high court said about the Election Commission's role.

The court observed that arguments run contrary to the stand of the state where it claimed that a number of FIRs were registered up to May 3, 2021 for post-poll violence.

"The State cannot be allowed to blow hot and cold at the same breath. There is nothing placed on record by the state that even normal law and order, and registration of criminal cases comes within the purview of EC," the court ruled.

On July 15, the National Human Rights Commission (NHRC) team probing post-poll violence in West Bengal had submitted its final report to Calcutta High Court.

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The NHRC in its report said, "Spatio-temporal expanse of violent incidents in the state reflects appalling apathy of the state government towards the plight of victims."

In the report, the committee said, "This was retributive violence by supporters of the ruling party against supporters of the main Opposition party. It resulted in disruption of life and livelihood of thousands of people and their economic strangulation."

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Several incidents of violence were reported at various places after the announcement of the poll results on May 2.

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