Nirendra Dev
The court order endorses the NHRC report, which had earlier said that the situation in West Bengal is a manifestation of the law of the ruler instead of the rule of law.
New Delhi: In a huge setback to West Bengal Chief Minister Mamata Banerjee and her government, which blatantly remained indifferent to people's agony following post-poll violence, the Calcutta High Court on Thursday (August 19) ordered a CBI probe and set up a Special Investigation Team (SIT).
The West Bengal government has been asked to 'immediately handover' all matters pertaining to the cases to the CBI.
The reports of the CBI and the SIT have to be submitted before the Court within six weeks.
"It shall be a court monitored investigation and any obstruction in the course of an investigation by anyone shall be viewed seriously," it said.
The Court also referred all other cases cited by the NHRC committee to a Special Investigation Team (SIT) for the probe.
The court order endorses the NHRC report, which had earlier said that the situation in West Bengal is a manifestation of the law of the ruler instead of the rule of law.
"This is a judgement being welcomed by all citizens of India and the state of West Bengal. Now those who have tried to shield the criminals with strong links with Trinamool Congress may be booked," BJP spokesman Gaurav Bhatia said.
"This is the time for soul searching for Trinamool Congress. There are very important revelations in today's court," he said.
Another BJP leader and one of the petitioners, Priyanka Tibrewal, said, "Satyameva Jayete".
"The state government has been saying there was no post-poll violence. The verdict today proves, the violence did take place," she said.
Ms Tibrewal said the five-member Bench of the court has said that the SIT, with senior officers from the West Bengal cadre, will be set up to probe the other allegations.
"We do not mind these. We will not challenge this," she remarked.
Reacting to the verdict, Trinamool leader Saugata Roy, MP, said, "I am not the spokesman of state Government, I am not happy with the verdict.
The State Government can decide to challenge the verdict and move the Supreme Court."
The working of the SIT will be monitored possibly by a retired judge of Supreme Court on which a separate order will be passed later, the High Court said.
The SIT will comprise three IPS officers, Suman Bala Sahoo, S. Mitra and Ranbir Kumar.
"All cases as per report of the NHRC committee where allegations are about murder of person or crime against women regarding rape or attempt to rape shall be referred to CBI for investigation," the Court said.
A five-Judge Bench headed by Acting Chief Justice, Rajesh Bindal heard the case.
Sources have earlier said the NHRC report on the post-poll violence that rendered scores of voters from West Bengal homeless and were also killed had said that the trial on the case should be shifted out of Kolkata that there could be a CBI probe as well.
On June 18, the High Court had directed the state government to ensure that there is "no obstruction" of any kind in the investigation process (by the NHRC team).
A team of the National Human Rights Commission (NHRC) asked to probe post-poll violence in West Bengal was also attacked when it went to Jadavpur area, a known Trinamool Congress bastion, in Kolkata.
The team, led by NHRC member and National Commission For Minorities Vice-Chairman Atif Rasheed, had gone to Jadavpur (June 29) to probe violence against BJP supporters and their houses had been looted and ransacked.
They were heckled allegedly by Trinamool workers and supporters.
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