The petitioner association also sought directions to constitute a Special Investigation Team headed by a retired Supreme Court judge to look into involvement of politicians, if any, in the violence.
NGO, Indic Collective Trust has moved Supreme Court seeking a declaration from the Court that the Constitutional machinery in the State of West Bengal has broken down so that President’s rule can be imposed in the State under Article 356 of the Constitution.
The petition has been filed in the wake of widespread violence reported from across the State by followers of All India Trinamool Congress against members of Bharatiya Janata Party (BJP) after the results of Assembly elections were declared on May 2.
“Declare that the Constitutional machinery in the State of West Bengal has broken down within the meaning of Article 356 in order for His Excellency the President to take appropriate action under the said Article,” the petitioner prayed.
The petitioner association also sought directions to constitute a Special Investigation Team headed by a retired Supreme Court judge to look into involvement of politicians, if any, in the targeted pogrom in West Bengal.
Further the plea, filed drawn by advocate J Sai Deepak and filed through advocate Suvidutt MS urged the Court to direct Central government to deploy CRPF and army to contain the violence and restore law and order in the State.
The petition stated that it came across several disturbing news reports and articles showing heinous offences specifically targeting towards members and supporters of the political parties that opposed the ruling party in the State election.
“It has come to the attention of the Petitioner based on credible news reports that since the declaration of the election result in West Bengal on 02.05.2021, several miscreants and violent elements belonging to the victorious political party have wreaked havoc and have created a state of unrest by committing heinous offences of, inter alia, bombing, murder, gang rape, outraging of modesty of women, arson, kidnapping, loot, vandalism and destruction of public property,” the plea said.
The petitioner contended that West Bengal government has neglected its duties to either pass any directions to the State police authorities or to take any other measures to maintain law and order in the State of West Bengal.
“As such, the actions of the state of West Bengal herein have been instrumental in failing to uphold the principles of democracy,” the petition said.
The petition also sought directions for setting up a special court to adjudicate and dispose of matters pertaining to the prosecution of political miscreants and/or any individuals involved in the commission of heinous offences;.
It was further submitted that there has been grave violation of the fundamental right to freedom of expression together with the fundamental right to life and liberty as enshrined under Articles 19 and 21 of the Constitution of India.
On the issue of maintainability and invocation of Article 32, the plea stated the following:
“The power to issue prerogative writs under Article 32 of the Constitution of India is plenary in nature and is not limited by any other provision of the Constitution. This Hon’ble Court has time and again held that alternate remedy is not to operate as a bar in the contingency where a writ petition has been filed for the enforcement of any fundamental right,”
The association substantiated the need for an urgent intervention from the top court on the ground that “situation in West Bengal has become so volatile and politically charged, with severe consequences against the lives and liberty of individuals.”
Earlier, BJP Spokesperson, Senior Advocate Gaurav Bhatia had also approached the top court seeking CBI probe into poll violence.
“Dance of democracy:” BJP Spokesperson, Sr Adv Gaurav Bhatia moves Supreme Court for CBI probe into post poll violence in West Bengal
Bhatia in his petition has said that violence has been orchestrated by the All India Trinamool Congress against people who voted for other parties in the 2021 Assembly elections.
Spokesperson of Bharatiya Janata Party (BJP), Senior Advocate Gaurav Bhatia has approached the Supreme Court seeking enquiry by Central Bureau of Investigation (CBI) into the instances of violence, murder and rapes that have been reported from West Bengal after the election results were declared.
Bhatia in his petition said that violence has been orchestrated by the All India Trinamool Congress (TMC) against those people who voted for other parties in the 2021 Assembly elections.
The BJP leader cited the “murder of one Avijit Sarkar” in Kolkata stating that it was a “proof enough to highlight as to how there is a great dance of democracy that is currently underway in West Bengal under the protection of TMC.”
“Sarkar in a video uploaded on Facebook moments before his death highlighted how the TMC workers not only ransacked his house and NGO, but also mericlessly killed voiceless puppies. Sarkar specifically blamed TMC leaders for the attack and eventual death,” the plea said.
Apart from the CBI probe, the plea also sought directions to State of West Bengal to file a detailed status report with respect to the FIRs registered, arrests made and steps taken by it against the perpetrators of the crimes.
The BJP leader stated that “it was clear that TMC has been excercising undue influence over the police and other enforcement agencies in as much as no FIRs have been registered against against alleged party worker for their acts.”
“Present incidents have a direct bearing to the issues raised in the captioned writ petition pertaining to prevalent violence in the state of West Bengal. As per media reports this violence is directly sponsored by ruling party through its workers who are seeking revenge against the citizenry of the state which has excercises it’s democratic right of voting for a party other than TMC,” it was submitted.
TMC, Bhatia alleged, has dehumanized the political opponents, specifically targeting the BJP and its members and workers by branding them as fascists and bigots.
News Confirmed As Tweet Of Gaurav Bhatia
Petitioned the Hon'ble Supreme Court pertaining to brutal violence, murders & rape happening in West Bengal Violation of human rights by alleged TMC goons should not be tolerated
Mamata Banerjee should abide by the Constitutional oath she took Protect lives #WestBengalViolence https://t.co/rWzO1FiV0Z pic.twitter.com/2D6odGHDpv
— Gaurav Bhatia गौरव भाटिया 🇮🇳 (@gauravbh) May 4, 2021