The Calcutta High Court has once again stepped in to address the volatile situation in West Bengal following recent elections. In a significant move to ensure public safety and the rule of law, a Division Bench has directed the state government to take immediate action regarding complaints of post-poll violence and ensured that Central Forces remain deployed in the state to prevent further escalation.
The issue reached the doors of the High Court through various Public Interest Litigations (PILs) filed by concerned citizens and political leaders. The petitioners alleged that immediately after the declaration of election results, widespread violence broke out across several districts. Reports included instances of arson, physical assault, and the displacement of families who were allegedly targeted for their political affiliations.
The legal battle mirrors the 2021 post-poll violence saga, where the High Court had previously criticized the state for being in a "denial mode" and eventually ordered a CBI probe into heinous crimes like murder and rape.
A Division Bench, presided over by the Chief Justice, took a stern view of the reports of unrest. The Court emphasized that "holding elections cannot be a license for violence" and that the state machinery has a constitutional duty to protect every citizen, regardless of their political leanings.
The Court’s order focused on three major pillars:
- Registration of Complaints: The Bench observed that many victims were unable to reach local police stations due to fear or alleged police inaction. To tackle this, the Court allowed victims to lodge complaints directly with the Director General of Police (DGP) via dedicated email addresses.
- Restoration of Displaced Persons: One of the most heart-wrenching aspects of the violence was the displacement of people from their homes. The Court directed the West Bengal government to ensure that all such individuals are safely restored to their residences and provided with adequate security.
- Extension of Central Forces: Recognizing that the state police alone might not be sufficient to restore confidence among the public, the High Court extended the stay of Central Armed Police Forces (CAPF) in the state. The Court noted that the presence of central forces is vital to maintaining a "constant vigil" in sensitive areas.
Representing the State of West Bengal, the Advocate General argued that the situation was being brought under control and that many complaints were being processed. However, the petitioners countered this by highlighting specific incidents where FIRs were allegedly not registered despite clear evidence of cognizable offenses.
The Bench noted that the state must not only act but must also be seen as acting impartially. The Court has mandated that the progress of investigations be monitored at the highest levels of the state police.
The intervention of the Calcutta High Court is a crucial reminder of the judiciary's role as a watchdog in a democracy. Post-poll violence is a stain on the democratic process, as it intimidates voters and suppresses political dissent. By extending the deployment of central forces and creating a transparent complaint mechanism, the Court aims to restore the "atmosphere of trust" that is essential for any peaceful society.
The matter is scheduled for further hearing, where the state is expected to submit a comprehensive status report on the actions taken to curb the violence and the status of the rehabilitated victims.