Blow for Mamata govt! Calcutta HC refuses to stay NHRC probe
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New Delhi, June 21: Giving the major setback to Mamata Banerjee-led government, Calcutta High Court on Monday dismissed TMC govt plea to recall or stay the order over the post-poll violence in West Bengal. The court said, 'Whatever references the state has made can be placed before NHRC. We are not staying the order of June 18.'
The 5 judge bench headed by acting Chief Justice Rajesh Bindal ruled out the order and directed National Human Rights Commission chairperson to form a committee to examine all complaints pertaining to the violence
While hearing the matter, the five-judges bench, added that the order was passed after the State failed to inspire the confidence of the Court and it does not find any occasion to recall/ modify or stay its operation. It observed that the order is innocuous and does not prejudice the State in any manner.
The court slammed Advocate general Kishore Datta, appearing for the state, and said "We have merely asked NHRC to file a report on the present situation. Let them do it. What is the harm?"
It added that the West Bengal Government may place its submissions and also the actions taken by it before the Committee to be appointed by NHRC. "Whatever references the state has made can be placed before the NHRC," the bench said.
Besides the court has further ordered the state government to provide all logistic support to the panel, the court warned that obstruction of any kind may invite contempt action.
The Bench also instructed that a member of the State Legal Service Authority and State Human Rights Commission should be included in the committee and that the administration should provide the necessary logistics and other supports.
The bench had passed the order on June 18, taking note of a report submitted by the Member Secretary of West Bengal State Legal Services Authority which said that 3,243 persons were reported to be affected till noon of June 10.
On Sunday, West Bengal Chief Minister Mamata Banerjee had approached Calcutta High Court seeking a stay on its interim order on the alleged post-poll violence. The high court had on Saturday slammed the Mamata government for not curbing the post-poll violence in the state.
“It is the state government’s duty to control the violence in the state and build confidence amongst the citizens. The TMC government has been completely inactive over the alleged post-poll violence situation and is not taking any action against the complaints of violence,” the high court had observed.