After a series of hearings on two petitions, of which one was filed by the CPI(M)’s legal cell, the Calcutta high court directed the West Bengal government on February 10 to reopen ten murder cases registered between 2007 and 2009 in the Nandigram area, setting aside the TMC government’s decision to withdraw prosecution against the accused persons.

These murders were reported at Nandigram and Khejuri police stations during a violent movement against the erstwhile CPI(M)-led Left Front government’s bid to acquire agricultural land for a chemical hub project which was eventually aborted. The region witnessed clashes between supporters of the CPI(M) and TMC, then the state’s main opposition party, almost every day.

Sunil Bar, Tushar’s father, was among the 14 victims in these ten cases.

“In two of these cases, three people were killed in each incident. As many as 76 of our people were killed during that phase and 841 cases were registered against the suspects. However, the kin of the victims, including those mentioned in these 10 cases, had to withdraw their complaints under pressure as counter charges were registered against most of these families,” Himangshu Das, a CPI(M) state committee member from East Midnapore told HT.

The other victims in these ten cases were Niranjan Mondal, Dulal Garu Das, Khalek Mullick, Bachchan Garu Das, Mohan Mondal, Chanchal Mridha, Nirapada Ghata, Shankar Maity, Tushar Shau, Dilip Mondal, Salauddin Khan, Afshar Khan and Abdullah Khan.

“The number of accused in these 10 cases is more than 80,” said lawyer Ayan Poddar who represented the suspects at the high court.

Also Read: Calcutta HC orders reopening of 10 Nandigram murder cases that TMC govt closed

These murders were committed at Gokulnagar, Kendamari, Kalicharanpur and Sonachura villages. The kin of some of the victims HT spoke to seemed to feel that the court order would disrupt the status quo, the once, warring villagers have reached.

In 2014, three years after Mamata Banerjee overthrew the Left Front government in the 2011 state polls, her cabinet decided to withdraw these ten criminal cases, arguing that farmers acted in self-defence to save their livelihood which is protected under Article 21 of the Constitution.

The cases were withdrawn at the trial court in 2020 under Section 321 (withdrawal of prosecution against any person by the prosecution with the consent of the court concerned) of the Criminal Procedure Code (CrPC) which has now been replaced by the Bharatiya Nagarik Suraksha Sanhita (BNSS). The decision was subsequently challenged at the high court.

In the February 10 order, the division bench of justice Debangsu Basak and justice Md Shabbar Rashidi said, “A state must exhibit zero tolerance towards any form of violence. Any attempt to justify a crime and clothing it with political issues is insufferable.”

The 44-page order said, “Accused in the 10 criminal cases must stand trial. Murders did take place. Postmortem reports available with the case diaries establish such facts. Therefore, as on date, in society there are persons who are guilty of such murders. Allowing the prosecution to withdraw under Section 321 of the Criminal Procedure Code will not be in public interest. In fact, it would cause public harm and injury.”

“Assistant public prosecutor or the public prosecutor, as the case may be, in charge of the criminal cases, will take necessary and suitable measures to ensure that, the concerned criminal cases are revived and prosecuted, in accordance with law,” the court said, adding that it expected the government to act in two weeks.

“No action has been taken till now. We are thinking of filing a petition,” senior advocate Rajdeep Mazumder, who represents the petitioners, said.

Over the past few years, TMC leaders and Suvendu Adhikari, Nandigram’s BJP legislator who was in the ruling party during the land movement, tried to outdo each other in paying homage to the 14 farmers who died in police firing on March 14, 2007, when the administration tried to overpower the agitators. Both parties refer to them as “shahid” (martyr).

This year was no exception. Adhikari had to get a court order in his favour to attend the event. Since he paid his homage first, TMC leaders washed the “martyrs’ column” with water to “purify it” before placing their wreaths.

“The court said Adhikari must pay his respects to the dead and leave by 10am but he kept us waiting for two hours,” said Sheikh Sufiyan, Nandigram’s TMC leader.

None of the parties mentioned the high court’s February 10 order.

TMC leaders in Kolkata refused to comment on it as well, saying it was a court matter.

Having faced the brunt of a violence that made headlines even abroad, the kin of the murder victims said political equations on the ground have changed.

“Buddhadeb Bhattacharjee (then chief minister) gave our family a compensation of ₹2 lakh. Half of it was spent to get my elder sister married and the other half was gobbled up by a chit fund company. Currently I am working at a crematorium in Kolkata to make ends meet. I stay away from politics,” said Sunil Bar.

Ratan Garu Das, 42, whose father Dulal Garu Das was murdered in 2008, said his mother withdrew her complaint under pressure.

“There was nothing we could do. I was charged in a rape case. I was released on bail, but I have to attend the court hearings even today. What difference does it make if my father’s murder case is reopened? We want to live in peace,” Ratan Garu Das said.

“The villagers have switched their political allegiance many times over these years. Everybody wants to survive,” he added.

Sixty-year-old Mahima Bibi, a widow with one son and six daughters, said she still remembers the day her husband Khalek Sheikh was murdered at Kalicharanpur.

“He was lying on the road in a pool of blood. My children were young. We couldn’t even find a vehicle to take him to hospital. Lakshman Babu (Laksman Seth, then CPI(M) MP from the district’s Haldia seat) found a job for my son but he is currently unemployed. I don’t know how to run the family. What will I do with a court order?” said Mahima Bibi.