Allegations of State Complicity in False Violence: From TMC to SC

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Acknowledging reports of people displaced from their homes as a result of the violence following the proclamation of the results of the West Bengal Assembly elections, the TMC government, however, told the Supreme Court that allegations that the state apparatus was complicit in the violence was false. and misleading.

The state government said this in its response to a notice issued by the highest court on a PIL calling for its intervention to end post-election violence, an SIT investigation into the alleged crimes and to compensate and rehabilitate the internally displaced persons as a result of the violence.

The response indicated that the petitioners falsely alleged that the state apparatus was complicit in such violence based on hearsay and concocted stories spread on social media by disbelievers.

The state also said that not all incidents of violence can be categorized as post-election violence.

He said the instant petition filed under the guise of a PIL … highlights the reported incident of internally displaced people from West Bengal state to Assam state, and other cases reported where residents have been forced to flee their homes. , following post-election violence. However, it is untenable to categorize every act of violence followed by the proclamation of election results as post-election violence while adopting the postulate that such violence continues in the state of West Bengal on which the machinery of the state has turned a blind eye. . In this regard, it is very respectfully submitted that this petition is politically motivated and purely filed to mislead this Honble Court as to the actual circumstances regarding the public order situation in West Bengal.

The plea, he argued, exudes political motivation in adopting a deceptive narrative and shows that the state administration is complicit with wrongdoers in the alleged incidents of violence and added that it was thanks to the timely intervention of the state administration that the public order situation in West Bengal has returned to normal.

He said that some of the petitioners who claim to be victims … have widely alleged that the cases of violence in the state have been sponsored by the state administration through their inaction in controlling or suppressing the violence. Such allegations, the state said, are frivolous and politically motivated.

He also stated that the applicants should not have applied to the SC before having exhausted their remedy available to the HC under section 226.

In addition, a bench of five judges from the Calcutta HC already adjudicates several PILs covering a wide range of issues arising from alleged incidents of post-election violence in the state, including the condition and well-being of internally displaced persons. in the interior of the country in the State of West Bengal and has passed orders effective since 07.05.2021 and granting appropriate compensation to injured persons.

The response affidavit also described the steps taken by West Bengal Police and Kolkata Police to accept complaints related to violation of law and order.

The state claimed there was a stream of fake news and transformed videos regarding the post-election violence scenario in West Bengal on social media platforms and said most of these fake news / videos were aimed at instigate community discord and polarization and that law enforcement agencies have taken steps to curb the spread of such fake news in order to limit the influence of disinformation on the public.

He urged the SC not to intervene in the case as the HC is seized of the matter, and given that the state apparatus has taken active steps to address the concerns raised in the petition.

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