'Ensure Safe Return Of Displaced Persons Regardless Of Political Affiliation': Calcutta High Court Tells State In Post-Poll Violence PILs

The Calcutta High Court has issued interim directions to the State Police, asking them to ensure the safe return of persons who were allegedly displaced from their shops, homes or properties, regardless of political affiliation, in PILs against alleged post-poll violence in the wake of the 2026 West Bengal Assembly election results.Chief Justice Sujoy Paul and Justice Partha Sarathi Sen held, "The police shall also ensure that if any citizen irrespective of his/her party affiliation, is illegally thrown out of his shop/house/property etc. due to post poll violence, he/she shall be given a safe return to his shop/house/property etc."The court also called for affidavits in the matter and clarified that if a five-judge bench was to be constituted to hear the post-poll violence matters as had been done in 2021, and was being requested by the petitioners, then the same would have to be done at a later stage after the filing of affidavits.BackgroundFormer CM, Mamata Banerjee while arguing one of the matters, in her submissions had said, "Please see the images. Even the children are not spared. The women are not spared, the minorities are not spared...They ransacked so many houses. So many people are suffering...Please tell police to behave properly. They are not allowing FIRs to be lodged."Arguing that she was seeking immediate protection for the people, Banerjee added, "my humble submission is to please protect the people of Bengal. This is not a bulldozer state".Meanwhile Senior advocate Kalyan Bandopadhyay appearing for TMC submitted that one after another, Party offices of TMC were vandalised. "Our workers were brutally assaulted by the ruling party supporters...Our workers became homeless and were forced to leave their homes. No one of our workers is able to stay in their home. Every where fear situation is created. Vandalism is happening. Women are being brutally assaulted in open areas," he argued.He thus sought an interim order forming an independent committee to probe the complaints, as was done during the 2021 post-poll violence. He also sought directions to ensure peaceful return of persons who were forced to leave homes due to post poll violence. He further said that cases be filed against the accused and sought preservation of CCTV footage."We also seek restraint on any bulldozer action in West Bengal without following the rule of law or leave of court. We are not living in Uttar Pradesh but in West Bengal," he said.Additional Solicitor General Ashoke Chakrabarti appearing for the State however submitted that the merits of the PIL must be assessed, before passing any directions.Deputy Solicitor General Dhiraj Trivedi appearing for the Police agreed, adding that veracity of "stray photos" annexed in the petitions "without authentication" will have to be verified.He questioning the maintainability of the petitions and said that interim relief should have some basis, adding that there were only vague allegations."Which time what date who were the assailants? Who were the complainants? Petitioner cannot make wild allegations in a PIL without giving any evidence," the DSG said.He said that allegations have come regarding certain incidents and the police will file reports and whoever is a miscreant will be booked."There might be disturbance in many places. But equating that with post poll violence is not fair. You cannot have an apprehension that police is not working.Where are the complaints that people can't return? There is not a single complaint. They must give some reference point," he added.DSG added that because the ruling dispensation has changed, specific instructions in the PILs are yet to reach. He said that his instructions are that they assures that if any incident takes place, FIRs will be lodged.To this, Bandopadhyay submitted that if Police were not aware of such incidents, it meant that they were not working. "See the details of shops and houses vandalised in each constituency. Also the details of the absconding party workers. What more you want? Is the police sleeping?".Bandopadhyay requested for the appointment of an ex-judge to look into the matter and take immediate action. "There is a "lawless state" in WB", he said.Meanwhile DSG Trivedi said that the police received the petition only yesterday adding that they are looking into it and will file an affidavit, however the aspersions that steps have not been taken is unfounded.Click here to read order

'Ensure Safe Return Of Displaced Persons Regardless Of Political Affiliation': Calcutta High Court Tells State In Post-Poll Violence PILs

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'Ensure Safe Return Of Displaced Persons Regardless Of Political Affiliation': Calcutta High Court Tells State In Post-Poll Violence PILs

Srinjoy Das

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