Calcutta High Court sets up rare bench on state violence

Senior advocates said five-judge benches were usually set up to settle constitutional disputes; the last such bench was formed in Calcutta 16 years ago

Calcutta High Court: File picture

Legal Reporter   |  TT  |  Calcutta   |  08.05.21:  Calcutta High Court has set up a five-judge special bench to look into the instances of violence in the aftermath of the Bengal Assembly polls and said the Centre too had the responsibility of ensuring post-result normality.

The bench has been formed by acting Chief Justice Rajesh Bindal. Headed by Justice Bindal, the bench also has Justices I.P. Mukerji, Harish Tandon, Soumen Sen and Subrata Talukdar.

Senior advocates said five-judge benches were usually set up to settle constitutional disputes. The last such bench was formed in Calcutta 16 years ago.

“In 1985, such a bench was formed to settle whether the Left Front, which was running the government then, could call a bandh or hartal in the state. A similar bench was constituted in 2005 to settle a dispute over an education law,” said veteran lawyer Mantu Pal.

On Friday, the court, acting on a PIL filed by advocate Anindya Sunder Das seeking its intervention, directed Bengal home secretary H.K. Dwivedi to file an affidavit on Monday stating the steps the state government had taken to restore normality.

The court directed the government to inform it about the measures taken against those accused of murder or damaging property during the post-result violence.

“The central government also has the responsibility to keep normalcy after the publication of poll results,” Justice Bindal said.

The bench will sit again at 2pm on Monday to hear the petition.

During Friday’s hearing, advocate-general Kishore Dutta said that killings and vandalism of political parties’ properties had taken place after the election results were declared on May 2.

However, he said, the administration was then under the control of the Election Commission of India, not the state government.

“But soon after taking oath of office (on May 5), the chief minister took several steps to stop the violence. In several places, the central forces have been engaged for restoration of normality. Steps are also being taken against (those) involved in the incidents. Several accused have already been arrested,” Dutta said.

Later, Pal, the veteran lawyer, said: “In case of post-poll violence, a constitutional issue is involved. Till the completion of the publication of poll results, the states are kept under the control of the Election Commission (of India). How can the state take proper action against any crime during that period?”

Violence has been reported from some pockets of the state in the immediate aftermath of the results.

Twenty-five people are alleged to have died — 15 from the BJP, eight from Trinamul and two from the Sanyukta Morcha.

After taking the oath of office, Mamata Banerjee has made a slew of administrative changes to ensure that the transfers made by the poll panel are overturned.