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Supreme Court issues notice to Center on West Bengal plea against CBI probe

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The Supreme Court of India on Tuesday sent a notice to the Center related to the Indian state West Bengal’s Post poll violence case. 

A division bench of the apex court headed by Justice Binit Saran and Justice Aniruddha Basu passed the order. At the last hearing in the case, West Bengal State lawyer Kapil Sibal questioned the viability of the report of the Human Rights Commission on the incident. 

Kapil told the court that a lot of fake reports have been filed in the commission. Even murder charges have been filed against the person who is actually alive. State lawyer Kapil Sibal also questioned the impartiality of the three members of the human rights commission. 

Now, the matter became extremely uncomfortable for the Indian Union Home Ministry after the Supreme Court sent a notice. Now the responsibility for proving truthfulness of the report given by the National Human Rights Commission reasonably fell on Central.

Sibal presented evidence in the court  during today’s hearing. He claimed that no one was denying the incident of ‘violence’ in the state. However, at the time when the violence was mentioned, the Election Commission was in charge of law and order in the state. Because even though the results of the May 2 elections were announced, Mamata Banerjee was sworn in as the Chief Minister on May 5. During this time there have been allegations of ‘violence’ which is un-doubtfully false. 

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Sibal, a lawyer for the state, also said that the Calcutta High Court had ordered the probe based on the report of the Human Rights Commission but the said report was not given to the state. 

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Because of this, the process of investigation was hampered, He draws on various rape contexts as examples. He said it was not possible to conduct a proper investigation without revealing the identities of the rape victims. 

The Supreme Court issued notices to the Center, the National Human Rights Commission and the Election Commission in response to the state lawyer’s question. 

The next hearing of the case is on October 8. 

Earlier, they were directed to file an affidavit in the court. The apex court has issued notices seeking the views of the Center, the Human Rights Commission and the Election Commission on the state’s demands regarding the lawyers’ explanations, the impartiality of the Human Rights Commission committee and the rationality of the report. 

A five-judge bench of the Calcutta High Court has directed the CBI and other special inquiry teams to probe the killings and rapes in post-poll violence cases in the state. 

The state has approached the Supreme Court challenging the validity of the verdict.

The Supreme Court on Tuesday sought a response from the Centre and others on a plea by the West Bengal government challenging the Calcutta High Court decision to order a CBI  probe into cases of murder and crimes against women, which took place during post-poll violence in the state. The highest court of India also have declined today to pass any instructions to the Central Bureau of Investigation department to not lodge any more FIRs in the matter.

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