Calcutta High Court: The Full Bench of Rajesh Bindal, ACJ and I.P. Mukerji, Harish Tandon, Soumen Sen and Subrata Talukdar, JJ., on 02-07-2021 perused the interim report filed by the NHRC in pursuance to court order dated 18-06-2021 on 30-06-2021.
After perusal, it was established that there had been post poll violence and the state was found on a wrong foot, where throughout it was on a denial mode. In violence, number of persons were killed. Many suffered sexual violence and grievous injuries. Even minor girls were not spared. They have been brutally assaulted sexually. The properties of many of them were damaged and number of them were forced to leave their houses and even migrate to neighbouring states. Investigation of the cases registered was in slip shod manner and hardly any arrests were made in such heinous crimes. Some of the cases have not been registered although prima facie they disclosed commission of cognizable offence. In most of the cases accused have been bailed out.
The Court was taken to surprise by the fact that state authorities, had been claiming throughout, that there were no complaints received by them but when opportunity was given to the complainants to file complaints with the State Legal Services Authority or the NHRC, the authorities were flooded with complaints. The report suggested that there is more to conceal than to reveal.
The Court issued certain directions in relation to the same,
- The police is directed to register cases in all matters which have either been reported to it or have been placed before the NHRC or any other authority/Commission. Steps be taken to get the statements of the victims recorded under section 164 CrPC immediately, as per law.
- The State shall make all arrangements for medical treatment of all who have been injured in the violence, post assembly elections.
- Supply of rations be ensured to the persons, even if they have lost their ration cards.
- The state is directed to place before the committee complete details of the cases in which the accused were arrested and have been enlarged on bail by the courts, so as to enable it to place the same before the court.
- Whatever information has been asked for by the committee from different authorities in the state, be supplied immediately. Any delay may call for adverse inference.
- Second autopsy of Abhijit Sarkar, Vice President of Bhartiya Mazdoor Trade Union Council in district Kolkata, whose body is lying in hospital be got done from a team of doctors to be constituted by the head of the Hospital at Command Hospital, Kolkata. For the purpose, the Chairperson of the Committee constituted by the National Human Rights Commission shall coordinate with the hospital concerned where the body of the deceased is lying and also the Head of the Command Hospital. The body shall be shifted to the Command Hospital for carrying out the second autopsy. The report shall specifically mention about the condition of the body as to whether it was properly preserved in the hospital where it was.
- Let a notice be issued to Rashid Munir Khan, Deputy Commissioner of Police, South Suburban Division, Kolkata to show cause as to why proceedings for contempt be not initiated against him for violation of the order passed by this court on June 18, 2021.
- All the central agencies and service providers of various services to assist the committee and provide the requisite information wherever required, to the extent permissible in law.
- The Chief Secretary of the State is directed to ensure preservation of the correspondence of the Special Branch/ Intelligence Branch of the State Police. Logs of different control rooms should also be preserved. The entire material from May 02, 2021 till date be kept in a sealed cover duly signed by the members of the committee, immediately. Any lapse or delay in the matter will invite adverse inference.
Matter adjourned to 13-07-2021.[Anindya Sundar Das v. Union of India, WPA(P) 142 of 2021, dated: 02-07-2021]
Suchita Shukla, Editorial Assistant has reported this brief.
