KOLKATA: The Calcutta High Court on Friday asked the state government to “register” and “record with magistrates” all post-poll violence complaints lodged with it or the NHRC, adding that the NHRC report had “established prima facie” the “stand taken by the petitioners... that there had been post-poll violence”.
“A number of persons were killed,” the HC said after a “perusal” of the interim NHRC report, adding: “Many suffered sexual violence and grievous injuries. Even minor girls were not spared. They have been brutally assaulted sexually. Properties were damaged and a number of them were forced to leave their homes and migrate to neighbouring states.”
“We may make it clear here that we are not making the interim report public as the matter is still being investigated,” the HC said, repeating that “only an interim report” had been filed. “Before passing any final order, due opportunity shall be granted to all parties to place their cases,” the HC added.
The court also asked for a second autopsy on Bharatiya Mazdoor Trade Union Council office-bearer Abhijit Sarkar’s body at the Command Hospital and asked South Suburban Division deputy commissioner of police Rashid Munir Khan why contempt proceedings should not be initiated against him for the June 29 incident in which an NHRC member claimed he was heckled and threatened in Jadavpur.
“The state has not been able to create an atmosphere” to give “confidence to sufferers” to return home, the HC said. “Most complaints were not recorded by police or cross-cases were forced against them. Complaints were registered only after this court took cognisance of the matter in some cases of heinous crimes. Investigation was (done) in slip-shod manner and hardly any arrest was made. Some cases have not been registered and, in most cases, the accused have been bailed out,” the court observed, adding: “The state was found on a wrong foot throughout... in denial mode.”
The five-judge bench, comprising acting Chief Justice Rajesh Bindal and Justices IP Mukerji, Harish Tandon, Soumen Sen and Subrata Talukdar, also told the state government to provide free ration to the victims if they had lost their ration cards. The bench will hear the matter again on July 13.
The court said the NHRC’s interim report mentioned a “surprising fact”: “The state claimed there was no complaint” but there was a “flood of complaints when an opportunity was given” to victims. “People are afraid to even disclose their identity. It shows there is more to conceal than to reveal,” the bench said.
“Whatever information has been asked for by the (NHRC) committee be supplied immediately,” the court ordered. “Any delay” may result in an “adverse inference”, it added, asking all central agencies and service providers to assist the committee and provide requisite information. “Early action in the matter is expected as the delay may result in destruction of evidence,” the court told the NHRC committee.
The HC also asked the state chief secretary to ensure that police correspondence and “control-room logs” be preserved. “The entire material from May 2 till date be kept in a sealed cover,” it directed.
