The NGO Indic Collective Trust has moved the Supreme Court seeking a declaration from the apex 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.
Furthermore, the petitioner association also sought directions to constitute a Special Investigation Team (SIT) headed by a retired Supreme Court judge to look into involvement of politicians, if any, in the targeted pogrom in West Bengal.
This petition was filed amid the surging reports of widespread violence across the state by supporters of the All India Trinamool Congress (TMC) against members and sympathisers of the Bharatiya Janata Party (BJP), after the results of Assembly elections were declared on May 2.
Our case INDIC COLLECTIVE TRUST Vs UNION OF INDIA has been filed with Diary No. 11615-2021 in the Hon'ble Supreme Court. The petition can be accessed and downloaded from our website through this link. https://t.co/02wZE1w6rd
— Indic Collective (@indiccollective) May 4, 2021
“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 submitted to the court.
The plea, drawn by advocate J Sai Deepak and filed through advocate Suvidutt MS, also urged the Court to direct the BJP-led Central government to deploy CRPF and army to contain the violence and restore law and order in the State.
The petition stated that there are several disturbing news reports and articles showing cruel and barbaric 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 the 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 from the Supreme Court 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 by the petitioner 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.
Regarding the maintainability and invocation of Article 32, the plea stated: “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.
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