The Mamata Banerjee-led Trinamool Congress government received criticism from the Calcutta High Court on Thursday, June 6th, regarding the post-poll violence in West Bengal. During the hearing of a Public Interest Litigation (PIL), a 2-Judge Bench consisting of Justices Kausik Chanda and Apurba Sinha Ray stated that if the government doesn't effectively address the violence, the Central Armed Police Forces (CAPF) could remain stationed in the state for the next 5 years.
Calcutta High Court and Mamata Banerjee, images via Live Law and PTI
Statements by the Court
“We want to ensure security of the people of the state at any cost,” the court noted. Justice Koushik Chanda pointed out, “Every day, we are watching in the media about post-poll violence. What happened after the last Assembly election, the same thing is happening this time also.”
“You (State) should be ashamed. If the state fails to control this violence, we have to make a decision that in the next five years, the Central forces will stay in this state,” he cautioned.
In its 5-page judgment pdf, the Calcutta High Court said, “Instances of post-poll violence are not unprecedented in this State. After the last Vidhan Sabha election, the entire nation witnessed unprecedented post-poll violence within the State.“
Registration of Complaints through Emails
The court's decision stipulates that individuals affected by post-election violence can not only register their grievances at the nearest police station but also submit them directly to the Director General and Inspector General of Police in West Bengal via email addresses: dgpwestbengal@gmail.com and dgpofficewbconfidential@gmail.com.
Subsequently, these complaints must be promptly published on the appropriate website of the West Bengal Police and made accessible to the public.
“In the event, the complaints disclose any cognizable offence, the Director General and Inspector General of Police, West Bengal shall immediately direct the concerned police station to register an FIR under the relevant provisions of law. Immediately after registration of such FIRs, the local police station shall take immediate steps against the miscreants in accordance with law,” the Calcutta High Court ordered.
Prevent loss of life and Property: Calcutta HC
Justices Kausik Chanda and Apurba Sinha Ray additionally mentioned that the Director General and Inspector General of Police will oversee the procedure and deliver a report within 10 days detailing the complaints received by the police, FIR registrations, and subsequent measures taken.
Furthermore, they instructed the CAPF and the West Bengal police to collaborate and promptly address received complaints to mitigate any loss of lives and property.
“We also caution that if the State machinery fails to protect the lives and property of the citizens, appropriate orders will be passed on the next date of hearing,” the Calcutta High Court further directed.
2021 West Bengal post-poll violence
Violence erupted following the 2021 West Bengal Legislative Assembly election, in which the Trinamool Congress secured victory for a third consecutive term. The primary targets of the violence were BJP activists, supporters, and voters, subjected to attacks orchestrated by Trinamool-backed individuals and party members.
Continued Political Turmoil Grips West Bengal Post-2021 Elections
Since before the 2021 West Bengal elections, the state has been embroiled in political violence, with tensions escalating between the Trinamool Congress (TMC) and the Bharatiya Janata Party (BJP). The situation intensified in June 2019, with the deaths of two TMC workers, blamed on the BJP. Indian Home Minister Amit Shah reported over 300 BJP members killed in political violence by December 2020, with little progress in investigations.
Following the declaration of the 2021 election results, confirming TMC's victory, instances of violence erupted across West Bengal, reminiscent of the pre-election turmoil. The BJP reported the deaths of six of its workers in attacks by TMC members, while five TMC workers were also reportedly killed in retaliatory incidents. Other political parties, including Congress and CPI (M), reported similar attacks on their members by the TMC.
In response to the escalating violence, the Union Ministry of Home Affairs sought a report from the West Bengal government on the post-election brutality against opposition workers. Despite assurances from Mamata Banerjee's government, incidents persisted, including the assault on TMC candidate Udayan Guha in Dinhata. Allegations of violence against BJP workers, including instances of rape and physical assault, further fueled tensions.
The volatile political climate in West Bengal continued to unfold, with incidents of defection from BJP to TMC and internal clashes within the BJP adding to the complexity. As of April 2022, hundreds of BJP workers and leaders who fled Bengal in 2021 remained hesitant to return without assurances from the state government, highlighting the enduring challenges facing the region.
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