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Breaking: West Bengal Govt. Moves Calcutta High Court Seeking Recall Of Order Asking NHRC To Examine Post Poll Violence Complaints

Sparsh Upadhyay
20 Jun 2021 7:40 AM GMT
Breaking: West Bengal Govt. Moves Calcutta High Court Seeking Recall Of Order Asking NHRC To Examine Post Poll Violence Complaints
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The West Bengal Government has moved Calcutta High Court seeking recall and stay of High Court's Friday order wherein five judges bench asked National Human Rights Commission (NHRC) to visit the state, consider complaints filed by victims of Post poll Violence and submit a report.An Affidavit has been filed on behalf of Additional Chief Secretary, Home and Hill Affairs Department,...

The West Bengal Government has moved Calcutta High Court seeking recall and stay of High Court's Friday order wherein five judges bench asked National Human Rights Commission (NHRC) to visit the state, consider complaints filed by victims of Post poll Violence and submit a report.

An Affidavit has been filed on behalf of Additional Chief Secretary, Home and Hill Affairs Department, and Home Secretary, Government of West Bengal urging the Court to grant an opportunity to the Government to deal with reports related to the Post Poll Violence.

The Government has also requested the High Court to allow it to make submissions on the steps taken by the applicants and officers of the State on such complaints before directing the National Human Rights Commission or any other Authority to take any step in the matter.

The Calcutta High Court last Friday ordered the National Human Rights Commission (NHRC) to constitute a committee that will examine complaints filed by persons who were displaced during the post-poll violence in West Bengal.

Upon noticing that the State Government has not even responded to some of the complaints filed by the displaced persons, the High Court remarked,

"In a case like where the allegation is that life and property of the residents of the State is in danger on account of alleged post poll violence, the State cannot be allowed to proceed in the manner it likes. The complaints required immediate action... It is the duty of the State to maintain law and order in the State and inspire confidence in the residents of the State."

The State of West Bengal has also submitted that through its competent officers, it has taken all the steps to stop any violence after the declaration of the results and have also taken steps as and when complaints were received in this regard and 12 also suo moto as and when information reached the competent officers.

The affidavit states that a hearing be given to the State of West Bengal before any order is passed on the alleged complaints brought forth by the West Bengal State Legal Services Authority related to post-poll violence in the State.

Importantly, it has also been pleaded that the findings of the High Court in the order dated 18th June, 2021 against the State of West Bengal and/or its officers may be expunged.

"The order dated 18th June, 2021 may be recalled and/or modified in the view of the fact that the same has been passed without giving an opportunity to the State to file its response in connection with the report filed by the Member Secretary, West Bengal State Legal Service Authority before this Hon'ble Court," the Affidavit States.
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