Post-poll violence: HC orders CBI probe

KOLKATA: The Calcutta High Court on Thursday directed the Central Bureau of Investigation (CBI) to probe the alleged incidents of murder, rape and crime against women during post-poll violence in the state. The state government may move the Supreme Court challenging the High Court's post poll-violence verdict.

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.

Meanwhile, two Justices observed that the recommendations made by the NHRC committee in this regard were beyond its jurisdiction. Justice I P Mukerji noted in his judgment that the NHRC committee was under an obligation to observe the procedure prescribed under the Protection of Human Rights Act, 1993 before making any recommendations. "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", Justice Mukerji opined.

Similarly, Justice Sen in his concurring judgment also set aside the recommendations made by the NHRC committee, by observing that the committee's mandate was only to do fact-finding. "Although the fact finding committee has made scathing remarks and made recommendations against politicians and police officers I am of the view that such remarks and recommendations were uncalled for and to that extent the committee has transgressed its limits," Justice Sen observed

Both CBI and SIT will submit status reports to the court within six weeks. The next hearing will be in October. The working of the SIT shall be overviewed by a retired Judge of the Supreme Court, who shall be requested to take up the assignment after taking his/her consent. He will be required to only review the working of the SIT and ensure that it is moving on the right track. IPS officers, Suman Bala Sahoo, Soumen Mitra and

Ranbir Kumar of the West Bengal cadre will be members of the SIT. Any report(s), pleadings or applications shall be filed in court only by and under the signatures of the Head of SIT.

On June 18, the Calcutta High Court had directed the chairperson of National Human Rights Commission (NHRC) to constitute a committee to examine all cases with regard to alleged human rights violations in the state as a result of post-poll

violence.

According to the NHRC report, at least 1,934 police complaints were lodged in the state between May 2 and June 20. They included 29 complaints related to murder, 12 to rape and sexual assault, and 940 to loot and arson.