Bengal post-poll violence: HC orders second autopsy of BJP leader's body, cites NHRC report on sexual assault of victims

The court directed that steps be taken to get the statements of the victims recorded under Section 164 CrPC immediately, as per law.

Published: 02nd July 2021 07:02 PM  |   Last Updated: 02nd July 2021 07:02 PM   |  A+A-

Calcutta High Court

Calcutta High Court (File photo| PTI)


KOLKATA: Taking note of an interim report of an NHRC committee ordered by it to probe post-poll violence in West Bengal, the Calcutta High Court on Friday directed a second autopsy of a BJP labour wing leader and issued a show- cause notice to a deputy commissioner of the Kolkata Police as to why contempt proceedings will not be initiated against him.

The BJP trade union leader was allegedly killed in the post-poll violence in Kolkata.

A five-judge bench hearing a bunch of PILs alleging atrocities in post-poll violence in the state, accepted a request by the committee for further time to carry out investigation, while maintaining that early action in the matter is expected as delay may result in destruction of evidence.

"Let a notice be issued to Rashid Munir Khan, Deputy Commissioner of Police, South Suburban Division, Kolkata to show cause as to why proceedings for contempt be not initiated against him for violation of the order passed by this court on June 18, 2021," the bench ordered.

The interim report mentioned that Atif Rasheed, a member of the committee was obstructed from discharging his duty when he and his team members were attacked by goons on June 29 in Jadavpur area which falls under the city police's South Suburban Division, the court noted.

The high court on June 18 directed the NHRC to set up a committee to examine all cases with regard to alleged human rights violations during post-poll violence in West Bengal.

The court directed the state government to provide all logistic support to the committee wherever and whenever they wish to visit any place and to ensure there is no obstruction of any kind in this process.

"Such obstruction will be viewed seriously, which may entail action under the Contempt of Courts Act besides others," the bench said in its order.

The bench, comprising Acting Chief Justice Rajesh Bindal and justices I P Mukerji, Harish Tandon, Soumen Sen and Subrata Talukdar directed the police to register cases in all matters which have either been reported to it or have been placed before the NHRC or any other authority.

The court directed that steps be taken to get the statements of the victims recorded under Section 164 CrPC immediately, as per law.

It ordered a second autopsy of Abhijit Sarkar, vice president of Bharatiya Mazdoor Trade Union Council in Kolkata, whose body is lying in the mortuary of a hospital, by a team of doctors to be constituted by the head of the Command Hospital here.

The family of Sarkar demanded a second autopsy, which was not acceded to by the police and the administration.

The state was directed to make all arrangements for medical treatment of all who have been injured in the violence, post assembly elections.

The bench ordered that the information asked for by the committee from different authorities of the state, be supplied immediately, maintaining that any delay may call for adverse inference.

"From a perusal of the report prima facie stand taken by the petitioners is established that there had been post- poll violence and the state was found on a wrong foot, where throughout it was on a denial mode," the bench observed.

The committee filed an initial report in a sealed cover before the court on June 30 as per its direction.

The bench said that a perusal of the report established the allegations of the petitioners in the PIL that a number of persons were killed in violence and many suffered sexual violence and grievous injuries, including minor girls who were "brutally assaulted sexually".

A bunch of PILs filed before the high court had alleged displacement of people from their residences, physical assault, destruction of property and ransacking of places of business owing to post-poll violence in the state.

The five-judge bench had directed that the committee will examine all the cases, the complaints of which have already been received by the NHRC or which may be received, and "may be by visiting the affected areas" submit a comprehensive report before it about the present situation.

The committee would also suggest the steps to be taken to ensure confidence of the people and so that they can peacefully live in their houses and also carry on their occupation or business to earn their livelihood, the bench directed.

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