In its Contra-Affidavit, the Western Bengal government submitted to the Supreme Court, in its petitions for the SIT/CBI probe in the Western Bengal Post-Poll Violence and started that the "pleas rely on political motivation and are not maintainable."
The Contra-Affidavit dissects all petitioners' locus standi and claims that they are in one way or another connected with the Bharatiya Janata Party (BJP), a fact that is shown in the pleas itself. In addition, stories are compiled that are spread in social media and the petitions attempt to involve the State through hearing reports.
The allegations of government complicity have also been stated to be frivolous and the violence in the State has drastically reduced by lifting the model code of conduct. The violent incidents cited before the Supreme Court thus attempting to mislead the Court, and no act of violence could be categorised as "post-poll violence" after the elections which concluded on 2nd May, 2021.
THE MATTER HAS BEEN TURNED OVER TO THE CALCUTTA HIGH COURT:
The counter-Affidavit continues to maintain that the case of post-poll violence in the State has been arrested and effective orders have been issued under a Five-Judge Bench in the High Court, referring to the affidavits submitted before the Calcutta High Court. In addition, the High Court for Rehabilitating Victims of Post-Poll Violence was also appointed as a 3-Member Committee consisting of officials who were nominated by the National Human Rights Committee (NHRC) and the Western Bengal Human Rights Commissions (WBHRC).
THERE IS NO INACTION ON THE PART OF THE STATE.
Finally, the Counter-Affidavit describes all of the actions taken by state authorities to address the violence and provide rehabilitation. The charges of State complicity and police passivity, it is argued, are incorrect and a smokescreen, and the State has been proactive in dealing with FIRs and complaints in accordance with the law. The Supreme Court today deferred the petition for a CBI/SIT investigation into the alleged assassination of two BJP activists at the behest of Trinamool Congress leaders during the post-election unrest.
On Sunday (May 25, 2021) after being informed by the State's Counsel that FIRs had been registered by the state police in respect of both the killings, and three persons had been arrested in each case based on the allegations of the complainants, a Bench of Justices Vineet Saran and BR Gavai directed the West Bengal Government to file a Reply in the case.
The Bench had issued notice and had also imploded the National Human Rights Commission, National Commission for Women, National Commission for SC/ST, and National Commission for Protection of Child Rights as additional respondents in the plea, based on an oral request made on behalf of the Petitioners. Another petition has been filed, this time seeking orders to stop/prevent alleged State-sponsored violence in West Bengal in the aftermath of the State Assembly elections, as well as the formation of a SIT to investigate the matter and take appropriate action against the perpetrators of the reported incidents.
