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If govt fails to protect people ...: HC on post-poll violence in Bengal

June 07, 2024 00:04 IST

Expressing concern over alleged post-poll violence in certain areas of West Bengal following the conclusion of the Lok Sabha elections, the Calcutta high court on Thursday issued a directive allowing affected people to submit complaints to the state's director general of police via email.

IMAGE: West Bengal BJP president and Balurghat MP Sukanta Majumdar (left) meets with violence-affected party workers, in Kolkata, June 6, 2024. Photograph: ANI Photo

The order came following a petition in the high court seeking direction to the police to ensure protection to Opposition party workers in the wake of alleged post-poll violence in some places of the state following the elections.

 

The court cautioned that if the state machinery fails to protect the lives and property of the citizens, appropriate orders will be passed on the next date of hearing.

The division bench presided by Justice Kausik Chanda said the matter will be taken up for hearing again after 10 days.

The bench, also comprising Justice Apurba Sinha Ray, directed that complaints can be emailed to the DGP by persons allegedly affected by incidents of post-poll violence, apart from the normal process under the Code of Criminal Procedure.

It directed that in the event the complaints disclose any cognizable offence, the DGP will immediately direct the police station concerned to register an FIR under relevant provisions of law.

The court instructed the DGP to monitor the progress of probe if FIRs are registered.

"Taking the matter very seriously, apart from the allegations made in the writ petition, this court has taken judicial notice of many incidents of violence following or associated with the Lok Sabha election, 2024 as reported in press and electronic media," the division bench observed.

The court said its primary concern is to ensure registration of complaints whenever a post-poll violence takes place irrespective of political affiliations.

It ordered that if necessary, police and central forces deployed in the state by the Election Commission will take immediate steps to safeguard the lives and property of the victims, based on the complaints filed through the email addresses provided by the state to the court and mentioned in the order.

"It is expected that police and central forces shall cooperate with each other to ensure the safety and security of citizens," the court said.

The court directed that on behalf of the DGP, an officer not below the rank of inspector general of police will file an affidavit before the court disclosing the complaints received through email and the steps taken by police following the registration of FIRs on the next date of hearing.

Following the conclusion of the Lok Sabha election process, the EC decided to maintain a substantial presence of central forces in the state for some more time.

Noting that instances of post-poll violence are not unprecedented in this state, the court said that after the 2021 assembly elections in West Bengal, similar incidents had been reported.

In August 2021, a five-judge bench of the high court had ordered a CBI probe into all cases of alleged murder and crimes against women, including rape or attempted rape, related to post-election violence in West Bengal following the state assembly elections.

The bench, in response to PILs seeking an independent probe into alleged violence following the assembly elections, had also ordered the formation of a Special Investigation Team comprising three IPS officers of the West Bengal cadre to oversee investigations into all other cases.

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