Plea in SC seeks safeguards for ongoing Bengal elections, cites 2021 post-poll violence

New Delhi, April 29 (IANS) An interlocutory application has been moved before the Supreme Court in a pending petition concerning alleged electoral violence in West Bengal, seeking the constitution of a high-level monitoring committee headed by a retired apex court judge to oversee law and order arrangements during and after the ongoing Assembly elections.

The plea contended that despite assurances allegedly given by the West Bengal government before the Supreme Court, incidents of violence, intimidation of electors and election officials, and destruction of property have continued on the ground.

It alleged that such acts were aimed at ensuring enrolment of persons supporting the ruling dispensation as voters “irrespective of whether or not they fulfil the eligibility criteria”.

Seeking urgent intervention, the applicant, Sanatani Sangsad, said that “mere assurances given by the Government of West Bengal to this Hon’ble Court are not being backed by appropriate action on the ground”.

The application extensively referred to the alleged post-poll violence following the 2021 West Bengal Assembly elections and cited proceedings before the National Human Rights Commission (NHRC) and the Calcutta High Court.

According to the plea, an enquiry committee constituted pursuant to orders of the Calcutta High Court had found a large number of incidents involving violence, arson, vandalism, murder, rape and attempts to rape, while alleging that FIRs were not registered in 60 per cent of the cases examined.

The application further claimed that compensation directed to be paid to victims of political violence had not been fully implemented till date, and that contempt proceedings were also initiated in that regard.

“The memory of the post-poll violence that engulfed the State of West Bengal immediately after the declaration of result of West Bengal Assembly election in May 2021 still hounds the people of West Bengal,” the application said.

It added that fear among voters continues as several criminal cases are still pending trial and many accused persons are out on bail.

The plea also referred to an alleged statement made by West Bengal Chief Minister Mamata Banerjee at a public rally in March this year, claiming it amounted to a reminder of the alleged post-poll violence witnessed after the previous elections.

Describing the situation as having a “chilling effect” on political participation, the plea said special arrangements were necessary to reassure citizens that no such incidents would recur after declaration of the present election results.

Among the reliefs sought, the application requested the apex court to direct deployment of adequate Central Armed Police Forces (CAPF) personnel in vulnerable areas for a reasonable period, as determined by the proposed monitoring committee.

It also sought directions that law enforcement officials should not be transferred without prior concurrence of the committee, and that a robust complaint and grievance redressal mechanism be established for citizens.

Further prayers included constitution of Special Investigation Teams (SITs) for heinous crimes such as murder and rape, power to transfer suitable cases to central agencies, disciplinary action against delinquent police officials, and establishment of fast-track courts in every district for expeditious trial of post-poll violence cases.

The applicants also sought witness protection measures for victims and witnesses, along with safeguards for officials deployed by the Election Commission of India (ECI) on election duty.

“The people are reassured of governance by rule of law during and after the elections,” the plea said, adding that free and fair elections form part of the Constitution’s basic structure.

–IANS

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