Aishwarya Rathore-
Published on: August 20, 2021, at 14:39 IST
Calcutta High Court stated that the charge of prejudice against the National Human Rights Commission (NHRC) committee was not significant, in a concurring judgement on the handing over of the probe into heinous crimes in post-poll violence in West Bengal to the Central Bureau of Investigation (CBI).
Justice Mukerji observed that the Committee constituted by the NHRC had only power to report on facts obtained during the investigation under the order of the five-judge Bench.
Justice Mukerji further stated, “The part of the report expressing opinion, making recommendations etc. is non-est in the eye of law.”
Justice Mukerji observed, “If offences had occurred as a consequence of the polls, it was also the duty of the Election Commission to direct or advise the administration to register the complaints which it did not do.”
Justice Tandon stated, “There may be cases that are unrelated to post-poll violence, but the persons have been deprived of their rights that have not been addressed through a well-established system, and thus the Court has no obligation to entrust investigation to an impartial, independent agency constituted for the purpose of rendering justice to deprived persons.”
Senior attorney Abhishek Manu Singhvi, representing the State DGP, had argued that the findings and recommendations of the NHRC committee report were erroneous and biased.
Claiming that a few members of the seven-member committee had ties with BJP, he prayed that it should be rejected by the Court.