Mamata Banerjee government files affidavit before Calcutta High Court to counter NHRC

 It questioned the identity of at least three in the eight-member committee, trying to prove that they were well connected with the BJP

Calcutta High Court. File photo

Tapas Ghosh   |   TT  |  Calcutta   |  28.07.21  :  The Mamata Banerjee government on Tuesday filed a 95-page affidavit before Calcutta High Court, taking exception to the report submitted by a National Human Rights Commission (NHRC) probe committee to the court on alleged post-poll results violence in Bengal.

The affidavit placed by state home secretary B.P. Gopalika described as “sweeping homilies, absurd and false” the report of the NHRC committee, which the chief minister had called “a great liar”. The report, which the BJP has gone to town with since, had named several current and former lawmakers of the Trinamul Congress, including a senior minister, in its list of 123 “notorious criminals/goons”.

The state government’s affidavit countered every point and allegation in the report of the eight-member committee to convince the five-judge bench of the high court that the report was biased and based on the false allegations that the state’s BJP leaders had been levelling against the ruling party after their miserable defeat in the Assembly elections.

In the report, the committee had made several remarks in virtual echo of the BJP, describing the Bengal situation as “a manifestation of “law of ruler”, instead of “rule of law”, and calling the alleged violence “retributive”, perpetrated by the ruling party against supporters of “the main Opposition party”.

Gopalika’s affidavit mentioned much of what the chief minister had repeatedly been saying. Mamata Banerjee had been saying the violence had taken place before the results when the law and order machinery was under the Election Commission of India. On May 4, governor Jagdeep Dhankhar gave her control as a caretaker, but she had no real control on the police administration. On May 5, after her swearing-in, Mamata undertook a total change of the set-up of the police and civil administration for effective control of the law and order, undoing the alleged damage of sweeping changes made by the commission.

Mamata said on July 22 that her government would respond to every point raised in the report, pointing out that a key part of the committee — a member of the NHRC — instrumental in filing it had a prominent BJP background. The affidavit tried to prove that at least three on the eight-member committee were well connected with the BJP.

The affidavit claimed that the committee did not have the power to make recommendations in its report for the state administration to implement them.

“I state that the committee has no power to recommend any course of action, as has been done in the report,” asserted Gopalika in the affidavit, citing the order the larger bench had issued on June 18.

In its long list of recommendations, the committee endorsed most of the demands being made so far by the BJP, such as probes by the CBI, trials outside Bengal, a witness protection scheme, ex-gratia payments, compensation for alleged damages, static pickets of central forces, and action against “delinquent” government servants.

The affidavit claimed that the so-called recommendations were invalid and illegal, and countered every allegation with references, stating police action already taken with regard to the complaints.

The matter will come up for court’s scanning on Wednesday when the lawyers of both the sides will argue their cases.

PIL against Mukul post

Ambika Roy, a BJP MLA from Nadia’s Kalyani, on Tuesday filed a public interest litigation in Calcutta High Court demanding removal of Mukul Roy from his post of chairman of public accounts committee in the Assembly.

Roy, who won from Nadia’s Krishnanagar seat with a BJP ticket, joined Trinamul after the results were out.

BJP protested against Roy’s nomination as the chairman of the PAC in the Assembly and accused Trinamul of taking control of the post.