Bengal govt rejects NHRC report on post-poll violence

The National Human Rights Commission (NHRC) inquiry committee on alleged post-poll violence in West Bengal was set up to “spearhead a witch hunt” against and was part of a “concerted effort to discredit a democratically elected state government, the latter has said in an affidavit in the Calcutta high court. The affidavit said some of the committee members have a close association with the Bharatiya Janata Party (BJP) and the Central government and that they were deliberately chosen to give “a negative report” against the state.

“The Committee has been deliberately constituted to spearhead a witch hunt against the entire state machinery in West Bengal….In conclusion, it is stated that concerted efforts are being made by those behind the Committee to completely discredit a democratically elected state government,” stated the 95-page affidavit.

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In June, a five-judge bench of the court directed the NHRC to constitute a committee to examine all cases of alleged human rights violation during the violence after the March-April assembly polls. The seven-member committee led by NHRC member Rajiv Jain submitted an interim report on July 2. The final report was submitted on July 13.

“Several members of the Committee are either members of the BJP or are known to be closely associated with the ruling dispensation in the Central Government. Therefore, the credibility of the Committee inasmuch as they are expected to investigate in an unbiased and neutral manner is questionable,” said the affidavit. It called the petitions on post-poll violence politically motivated.

NHRC officials refused to comment on the affidavit saying the matter was being heard by the court.

The NHRC’s inquiry report has recommended a Central Bureau of Investigation (CBI) probe into the alleged cases of violence and that trials related to them be held outside the state. It said the violence in the state showed “a pernicious politico-bureaucratic-criminal nexus”.

The affidavit insisted the committee has no power to recommend any course of action. “Thus, in purporting to recommend the investigation by CBI and trial of post-poll violence outside the state of West Bengal, the committee has exceeded its mandate and in doing so, the committee has clearly demonstrated its bias.”

The report slammed the state government calling the violence “death knell” for democracy. It added the situation in West Bengal “is a manifestation of the law of ruler, instead of rule of law”.

The affidavit filed on Monday called “concerted efforts to discredit a democratically elected state government” the real “death knell for democracy in this great nation”.

The matter is likely to be heard by a five-judge bench headed by acting Chief Justice of the Calcutta high court, Rajesh Bindal, on Wednesday.