Advocate files caveat in SC over Calcutta HC order for CBI probe into Bengal post-poll violence

Advocate Anindya Sundar Das on Friday filed a caveat application in Supreme Court in connection with the Calcutta High Court order directing a probe by the Central Bureau of Investigation into all rape and murder cases in connection with violence following the Assembly election in West Bengal.

Anindya Sundar Das in his application said that if the Mamata government moved the Supreme Court against the order of Calcutta High Court, then the court should not pass the order without hearing her side. Anindya Sundar Das is one of the petitioners in the Kolkata high court in this matter.

On 19 August the Calcutta High Court had ordered a probe by the CBI in all the alleged rape and murder cases that had taken place in West Bengal after the state assembly elections.

The High Court also ordered to set up Special Investigation Team (SIT) for investigation and senior officers from West Bengal cadre will be a part of the team. The SIT will work under the supervision of a retired judge of the court. That report must also be submitted within six weeks. Even as the CBI has been given the task of investigation, the court will keep an eye on the whole matter. The High Court also said that financial compensation would be given to the victims. In that case, the money has to be paid directly to the bank accounts to avoid corruption and controversy.

The state government has consistently claimed there has been no political violence in the state after the TMC came to power for the third time in the state. Trinamool Congress state general secretary Kunal Ghosh said he was not happy with the verdict. He tweeted, “The High Court order cannot be openly opposed. They gave instructions. The government and the top leadership of the party will look into the matter and respond. Possible legal aspects will be considered. We think the report of the central human rights commission is purely politically motivated. However, I am not commenting on the comments of the High Court now.”

On 15 July, the National Human Rights Commission (NHRC) team probing the alleged post-poll violence in West Bengal had submitted its final report to Calcutta High Court. The BJP leadership is naturally happy with the court’s verdict. The BJP has been complaining from the beginning in this case that the police do not want to take up complaints. In most cases, the BJP has alleged that TMC activists have attacked BJP workers.

State BJP president Dilip Ghosh said, “We have been saying from the beginning that there is violence. The court’s ruling has proved that the NHRC’s report was not biased. This time, the oppressed will get justice.”

The court questioned the role of the police administration. There are repeated mentions that the role of the police was not correct. The court also ruled that the state had made political allegations against the NHRC.