NHRC remarks on violence uncalled for: Two HC judges

KOLKATA: Recommendations and observations made by a National Human Rights Commission (NHRC) panel on alleged post-poll violence in West Bengal were “non-est” (having no legal validity) in the eye of the law and uncalled for, two judges of the five-member Calcutta high court bench said on Thursday.

The two judges -- justices IP Mukerji and Soumen Sen -- concurred with the high court’s order calling for separate probes by the Central Bureau of Investigation (CBI) and a Special Investigation Team (SIT) of the state police but objected to some portions of the seven-member NHRC committee’s report.

“The committee constituted by the NHRC had only power under our order to report on facts, as gathered by them on investigation. They had no jurisdiction to make any recommendation or to express any opinion. We did not vest them with that power . . . Therefore the part of the report expressing opinion, making recommendations etc. is non-est in the eye of law,” justice Mukerji wrote.

On June 18, the high court -hearing a bunch of public interest litigation -- asked the NHRC to probe the violence. The committee submitted its report on July 13 slamming the Trinamool Congress (TMC) government and recommending a CBI probe.

It also called for shifting trials in the case outside the state.

In its report, the panel attacked the state government and police, saying the clashes were a “death knell” for democracy and alleging that police didn’t have the “courage” to take action against goons belonging to the ruling dispensation.

“Although the fact finding committee has made scathing remarks and made recommendations against politicians and police officers, I am of the view that such remarks and recommendations were uncalled for and to that extent the committee has transgressed its limits,” justice Soumen Sen wrote.

The panel was led by NHRC member and former intelligence bureau chief Rajiv Jain and also comprised vice-chairperson of the National Commission for Minorities Atif Rasheed, National Commission for Women member Dr. Rajulben L. Desai, director general (investigation) Santosh Mehra, West Bengal State Human Rights Commission registrar Pradip Kumar Panja, West Bengal State Legal Services Authority member secretary Raju Mukherjee and Manzil Saini, deputy inspector general (Investigation), NHRC.

In its order, the HC bench said if the CBI or SIT found any case not related to post-poll violence, it must be transferred to the officer in charge of the concerned police station. “It is made clear that any observation made in this order is only for the limited purpose of deciding the issue whether investigation is to be handed over to CBI and Special Investigation Team. Nothing observed shall be construed as an expression of opinion on the merits of the cases,” the order stated.

In its arguments, the state government had argued that some of the committee members had a close association with the Bharatiya Janata Party and were deliberately chosen to give a negative report against the state. On Thursday, TMC MP Saugata Roy said, “We stick to our point that several members of the committee have links with the BJP. Therefore, the credibility of the committee is questionable.”

But the high court appeared to reject these charges of bias.