"Petitions Filed Reek Of Political Motivation"; State of West Bengal Submits To Supreme Court In West Bengal Post-Poll Violence Cases

"The petitions reek of political motivation and are not maintainable", the West Bengal Government has submitted to the Supreme Court in its Counter-Affidavit filed in the petitions seeking SIT/CBI probe in the West Bengal Post-Poll Violence.PETITIONERS HAVE NO LOCUS STANDI The Counter-Affidavit dissects the locus standi of each and every Petitioner and submits that they are in one way or the other related to the Bharatiya Janata Party (BJP); a fact which has been revealed in the pleas itself. Further, it is submitted that the stories which are being spread on social media are concocted and the petitions are an attempt to implicate the State on the basis of hearsay reports. It has also been stated that the allegations of State complicity are frivolous and that the violence in the State had reduced drastically with the lifting of the Model Code of Conduct. Therefore, the incidents of violence being cited before the Supreme Court were an attempt to mislead the Court, and every act of violence post the elections which concluded on May 2 could not be categorized as "post-poll violence". CALCUTTA HIGH COURT HAS BEEN SEIZED OF THE MATTER Referring to the Affidavits that have been filed before the Calcutta High Court, the Counter-Affidavit goes on to contend that the matter revolving around the post-poll violence in the State has already been seized by a 5-Judge Bench of the High Court and effective orders have been issued in pursuance of the same. Additionally, a three-member committee, comprising of officers who have been nominated by National Human Rights Commission (NHRC), West Bengal Human Rights Commissions (WBHRC) and West Bengal Legal Service Authority, has also been appointed by the High Court for the rehabilitation of the post-poll violence victims. THERE IS NO STATE INACTION The Counter-Affidavit lastly lists all the action that has been taken by the State authorities to address the violence as well as rehabilitation. It is submitted that the allegations of State complicity and police inaction are false and an eyewash, and the State has been proactive in taking steps to deal with the FIRs and complaints in accordance with law. Today, the Supreme Court adjourned the plea seeking CBI/SIT probe into the killing of two BJP activists allegedly at the instance of the Trinamool Congress leaders during the post-poll violence. On May 25, a Bench of Justices Vineet Saran and BR Gavai directed the West Bengal Government to file a Reply in the case, after being informed by the State's Counsel that FIRs have been registered by the state police in respect of both the killings, and three persons have been arrested each in both the cases based on the allegations of the complainants. The Bench had issued notice and, on an oral request made on behalf of the Petitioners, it had also 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. Another plea has been filed seeking 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.

"Petitions Filed Reek Of Political Motivation"; State of West Bengal Submits To Supreme Court In West Bengal Post-Poll Violence Cases

Radhika Roy

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