The Calcutta High Court on Thursday directed the West Bengal government to “strictly maintain law and order at the ground level” in the wake of Trinamool Congress’s allegations of widespread post-poll violence in the state.
The High Court also directed the police to ensure the safety of people who fled their homes, apprehending post-poll retribution violence, and arrange for their safe return, irrespective of party affiliations.
A Bench comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen passed the interim order following the hearing of a writ petition filed by TMC leader Sirsanya Bandyopadhyay, who alleged widespread violence against TMC workers and attacks on TMC party offices since May 4, after the party’s defeat in the Assembly elections.
The bench directed the state to file affidavit within three weeks and granted a window of an additional two weeks to file an exception to it, while keeping the question of maintainability of the TMC’s PIL open.
The order was passed after TMC supremo and former chief minister Mamata Banerjee appeared in the High Court in a lawyer’s gown and argued the case for the party.
Accusing the police of remaining as bystander during the incidents of violence, the TMC chief sought protection of people and accountability of the administration.
Submitting a list of 10 people, who she claimed were killed in the post-poll violence, Mamata said, “Please see the images. Even the children are not spared. The women are not spared, the minorities are not spared… One Scheduled Caste family, including a 92-year-old widow, was thrown out of her house. They ransacked so many houses. So many people are suffering, including general-caste Hindus. Out of 10 dead, six are Hindus. Please tell the police to behave properly. They are not allowing FIRs to be lodged. In my family, 12-year-old girls are being threatened with rape. The matter is increasing every day. Even fish markets are being broken. We don’t have any problem with who wants to eat what. We want immediate protection for the people. They are capturing and looting houses and offices in front of the police. I have already submitted the pictures.”
Mamata, who appeared for the first time in the High Court as a lawyer, was accompanied by a battery of advocates belonging to TMC, including party MP Kalyan Banerjee and Baiswanar Chatterjee.
Asserting that “Bengal is not a bulldozer state”, she told the Bench, “See the details of shops and houses vandalised in each constituency. Also, the details of the absconding party workers. What more do you want? Is the police sleeping? Everything is being done in the presence of the police. Persons are entitled to be heard even if you are demolishing an unauthorised structure. Criminals are taking the law into their hands. Police should prevent crime… But there is no police.”
Seeking an interim order to ensure the peaceful return of those forced to abscond due to post poll violence, Kalyan Banerjee urged the court to send the matter for adjudication before the five-judge bench, which continues to hear cases related to violence post-2021 state polls.
In its order, the court said it will consider the five-judge bench appeal after it has heard the exchange of pleadings of the parties concerned in the case.
The TMC Lok Sabha MP referred to the post-poll bulldozer action in central Kolkata’s 400-year-old heritage Hogg (New) Market, stating “justice by bulldozer is unknown to jurisprudence”.
“We are living in West Bengal, not Uttar Pradesh,” Kalyan said.
Appearing for the state government, advocate Dhiraj Trivedi, while arguing that the PIL is not maintainable, submitted that the list of alleged post-poll violence incidents was “vague” and lacked details about the victims or the perpetrators.
The government will have to inquire into each of these cases separately and determine whether they fall into the ‘post-poll violence’ category, he said.
Chaotic scenes were witnessed at the high court while Mamata Banerjee was leaving the premises after the hearing, with a large number of lawyers shouting “thief” slogans at the former CM.
The BJP, meanwhile, termed Mamata Banerjee’s appearance in the High Court a “political stunt”.
Senior BJP leader and advocate Koustav Bagchi alleged that Mamata’s court appearance was driven by political considerations. “I believe it was absolutely a political stunt chosen by Mamata Banerjee for the day. She chose this stunt only to remain in the news. Nothing more, nothing less,” he added.
She had earlier appeared in the Supreme Court and made submissions on her petition challenging the Election Commission’s Special Intensive Revision (SIR) process in the state.
Earlier, the TMC posted on X about the party supremo’s appearance in the High Court. “Once again, she has shown what truly sets her apart… She NEVER abandons the people of Bengal in their hour of need. She NEVER stops fighting for truth, justice, and constitutional values. And time and again, she rises above the politics of hatred with unmatched COMPASSION, COURAGE, and CONVICTION. Whether confronting the injustice of SIR or standing firm against the unruly conduct of @BJP4India, she continues to prove that there is truly NO LEADER LIKE HER in the country today,” the TMC posted on X.