The Calcutta High Court, consisting of Acting Chief Justice Rajesh Bindal, Justices I.P Mukerji, Harish Tandon, and Soumen Sen, hander over the investigation of rape, murder, and a crime against women in the State of West Bengal to the Central Bureau of Investigation (CBI).
Background
This writ petition was filed inter alia, to combat the post-poll violence and take preventive measures. The results for assembly polls were declared on May 02, 2021, immediately thereafter this writ petition was filed. It is alleged in the petition, that the victims were unable to go to the police station, also even though the police was fully aware of the violence that was ongoing, there were no punitive or preventive actions taken.
It was stated that,
"11 persons have died in various incidents. Many had to leave their houses to save their lives. After the declaration of result, the activists of the ruling party ransacked and looted the houses of the supporters of the opposition parties and they were killed and assaulted. It is further pleaded that after the elections, the same sort of violence always occurred in West Bengal. The State used to take steps to control the same but this time it was a mute spectator."
The plea further states that police complaints were filed on May 3, 2021. But no action was taken, in fact the same was notified to the goons, who further harassed the aggrieved. These were the complaints filed under the plea among many others. The National Human Rights Commission (NHRC) took suo moto notice of the case on May 4, 2021, and requested that the DIG (Investigation) form a team of officials from the Commission's Investigation Division to conduct an on-the-spot fact-finding investigation.
The High Court had ordered the formation of a three-member committee on May 31 to guarantee that people purportedly displaced by post-election violence in the State are permitted to return home securely. The West Bengal Legal Services Authority (WBSLSA) Member Secretary, the West Bengal Human Rights Commission, and the National Human Rights Commission made up the three-member committee. Following that, the WBSLSA filed a report with the Court summarising all of the victim complaints they had received.
The High Court had observed on July 2 that the 2021 Assembly elections in the state were prima facie followed by violent incidents, resulting in multiple deaths, rampant sexual exploitation of women and children, and so on, based on the NHRC's interim report. During the hearing, the appellant counsel alleged that the NHRC committee was inherently biased and politically motivated.
Order of the Court
"The Committee, NHRC, any other Commission or Authority and the State shall immediately hand over the entire record of the cases entrusted to the CBI for investigation. It is made clear that it shall be a Court-monitored investigation. Any obstruction in the course of investigation by anyone shall be viewed seriously", Court observed.
The Bench has ruled to hand over the investigation to the CBI to investigate the rape, murders, interalia that happened in post-poll violence. It was also ruled that a special investigation team is to be formed to investigate other crimes that have happened in the post-poll violence.
The CBI investigation will be monitored by the High Court. Acting Chief Justice Rajesh Bindal delivered the lead judgment whereas Justices I.P Mukerji, Harish Tandon and Soumen Sen delivered separate but concurring judgments. The CBI and the SIT have been given six weeks to make status reports to the Court. On October 24, a division bench will hear the case once more. In his lead judgment, Acting Chief Justice Bindal noted that the NHRC committee's fact-finding report had shed light on the police inaction, and hence the case warranted independent investigation.
Before making any recommendations, the NHRC committee was required to follow the procedure outlined in the Protection of Human Rights Act, 1993, according to Justice I.P Mukerji's ruling.
"Even if we assume that the Committee was making a recommendation under the said Act, the view expressed by it was without compliance with that procedure. Therefore the part of the report expressing opinion, making recommendations etc. is non-est in the eye of law."
Case details
Case title:- Anindya Sundar Das v. Union of India and other connected matters
Bench:- Acting Chief Justice Rajesh Bindal, Justice IP Mukerji, Justice Harish Tandon, Justice Soumen Sen and Justice Subrata Talukdar
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