NHRC Indicts Mamata Government of Post-Poll Violence, Recommends CBI Probe and Trials Outside the State

Manas Dasgupta

NEW DELHI, July 15: A committee of the National Human Rights Commission (NHRC) has accused the Mamata Banerjee government in West Bengal of “appalling apathy” towards victims of political violence after the March-April state Assembly elections and recommended a CBI probe into “grievous offences like murder and rape” and suggested that such serious cases should be tried outside the state.

In a sweeping indictment of the state government, the NHRC committee formed on the directions of the Calcutta High Court, in its 50-page report said the situation in West Bengal was a “manifestation of law of ruler instead of rule of law” and “the local police has been grossly derelict, if not complicit, in this violence.”

Backing claims of “retributive violence by supporters of the ruling party against supporters of the main opposition party” the BJP, the report placed before the high court said that it “resulted in disruption of life and livelihood of thousands of people and their economic strangulation.”

“To compound the problem, violence and intimidation has continued. There is palpable fear among victims against police and goons of ruling party. Many displaced persons have not yet been able to return to their homes and resume their normal life and livelihood. There have been several sexual offences but victims are scared to speak out. Loss of faith in State administration among victims is very evident,” the NHRC said.

The 50-page final report of the committee on post-poll violence in West Bengal, signed by seven members of the NHRC team, was submitted before a five-judge bench of the Calcutta high court headed by acting chief justice Rajesh Bindal on July 13. According to the report, there were at least 1,934 complaints received at various police stations between May 2 and June 20, including 29 of murder, 12 of rape and sexual assault, and 940 of loot and arson.

Though 9,304 accused were named in the First Information Reports, the police could arrest only 1,345 persons –around 2.8% of the total number of accused. Out of these 1,345 persons arrested, 1,086 are out on bail.

The report has recommended that the incidents of post-poll violence be investigated by the Central Bureau of Investigation and the trial held outside the state. Among its recommendations are setting up of a court-monitored Special Investigation Team, trial in fast track courts, deployment of Central forces, and reforms in police.

Chief Minister Mamata Banerjee has hit back by saying that the report was misleading and facts were distorted to malign the state after the BJP’s debacle in the recent assembly elections.

“How many commissions and Central agencies did the PM send to Uttar Pradesh? Majority of the incidents (violence) took place when law and order was with the election commission. They are misleading people and distorting facts,” Banerjee said while speaking to media at the state secretariat.

She also said: “We will submit our opinion through an affidavit to the court when our turn comes. I am sorry to say that instead of giving the report to the court, they (NHRC) have leaked it. They should have respected the court. How can they disrespect the court? The matter is being heard by the court. We are the government and the court is yet to hear us. Before that how can they leak the reports? It is their political vendetta.”

The TMC government suffered a setback on July 2 when the court took cognisance of the NHRC’s preliminary report which mentioned allegations of murder, rape and arson. The court gave more time to the seven-member panel and asked it to visit the districts, meet more complainants and file the final report on July 13.

“The situation in the state of West Bengal is a manifestation of Law of Ruler, instead of Rule of Law,” states the synopsis of the NHRC report.

Banerjee also expressed surprise over the conclusion that the NHRC arrived at in its report without taking into account the views of the state government. “The BJP is now using impartial agencies to settle political scores and malign our state. The NHRC should have respected the court. Instead of leaking the findings to the media, it should have first submitted the same to the court,” she said.

Earlier this month, the Calcutta High Court had pulled up the Mamata Banerjee government for being in “denial mode” over the post-poll violence. Taking up an interim report of the NHRC on complaints of attacks on the government’s political adversaries after the March-April elections, the high court said that there was enough evidence to establish that post-poll violence had indeed taken place.

For over two months now, the BJP has alleged that the state has gone soft on curbing post-poll violence that especially targeted its supporters and leaders following their defeat in the polls against the ruling Trinamool Congress.

The West Bengal government has said the reports have been greatly exaggerated, with fake videos and images, and most of the incidents of violence that took place around the May 2 counting day happened when the state police were under the control of the Election Commission.

The issue of post-poll violence has also gone to the Supreme Court via families of the victims who are demanding a CBI probe and a plea seeking direction to the centre to impose President’s Rule in the state.