West Bengal Post-Poll Violence : Supreme Court Issues Notice On Plea Seeking Compensation & Rehabilitation Of Victims

Update: 2021-05-25 07:06 GMT

The Supreme Court on Tuesday issued notice on a Public Interest Litigation(PIL) seeking compensation and rehabilitation of the victims of the alleged state sponsored violence which took place in West Bengal after the declaration of assembly election results on May 2.A vacation bench of Justices Vineet Saran and BR Gavai issued notice returnable in the week commencing from June 7.Also, based on...

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The Supreme Court on Tuesday issued notice on a Public Interest Litigation(PIL) seeking compensation and rehabilitation of the victims of the alleged state sponsored violence which took place in West Bengal after the declaration of assembly election results on May 2.

A vacation bench of Justices Vineet Saran and BR Gavai issued notice returnable in the week commencing from June 7.

Also, based on an oral request made by Senior Advocate Pinky Anand on behalf of the petitioners, the bench impleaded National Human Rights Commission, National Commission for Women, National Commission for SC/ST and National Commission for Protection of Child Rights as additional respondents in the plea.

Senior Advocate Anand submitted that the presence of these commissions are necessary to ascertain the relief needed for the victims and the persons who got internally displaced due to the violence.

"Various Human Rights Commissions have done reports on this(violence). Please ask for the reports. That will be helpful.National Commission for Women has helped women who have been displaced. Please implead these organisations", the senior counsel for the petitioners submitted.

The petitioners are Arun Mukherjee, Debjani Halder, Prosanta Das, Paramita Dey and Bhupen Halder. As per the petition, Mukherjee and Halder are social activists, Das is a victim of post-poll violence on Kooch Behar district, Dey and Halder are advocates practicing in West Bengal whose homes and offices were destroyed by TMC workers.

The plea seeks directions to stop/prevent the alleged State-sponsored violence in West Bengal in wake of the State Assembly elections results , as well as the constitution of an SIT to investigate the same and take appropriate action against the culprits in reported incidents.

It further prays for the formation of a Commission for rehabilitation of displaced persons, compensation for loss of family members, property, livelihood, and mental and emotional agony.

The plea, filed through Advocate Shruti Agarwal and drawn by Advocate Veer Vikrant Singh, submits that the Petitioners are aggrieved by the post-electoral violence in West Bengal "causing bombing, murder, gangrape, outraging of modesty of women, arson, kidnapping, loot, vandalism and destruction of public property, which led to a widespread fear and terror in the minds of ordinary residents of the State, ultimately forcing them to leave their homes".

It has further been averred that the police and the State-sponsored "goons are in cahoots" as the police has been a mere spectator, allegedly discouraging and threatening victims from filing FIRs and not investigating the cases. Despite the coverage of the violence by various media platforms and suo moto cognizance taken by various government organisations and autonomous institutions, the State Government has provided no support or assistance.

"The Exodus of the people in West Bengal due to state sponsored violence has posed serious humanitarian issues related to their survival, where they are forced to live in deplorable conditions, in violation of their fundamental rights enshrined under Article 21 of the Constitution of India."

In light of the above, the instant plea has been filed.

Click here to download the Order

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