The Delhi High Court on March 14 asked the National Human Rights Commission (NHRC) to take a decision in six months on a complaint regarding alleged police brutality during a rally organized by the Bharatiya Janata Yuva Morcha (BJYM) in West Bengal in October. 2020.
Justice Pratibha M. Singh said that though the matter was “receiving due consideration” by the NHRC, the proceedings should be concluded in a time-bound manner as the incident pertains to 2020.
The court’s direction came on a plea by Rohit Verma, a member of the Bharatiya Janata Yuva Morcha, who has claimed that he participated in the peaceful “Nabanna Chalo” rally held on October 8, 2020, in West Bengal, which was allegedly a “victim”. became. ground to the police establishment” and “rampant brutality”.
The rally, he has said, was “a peaceful protest against the ineffective, irresponsible, brutal, intimidating, dictatorial and violent rule of the TMC-led state government.” The NHRC counsel said it has taken cognizance of the complaint regarding the rally and is exercising its power under law to deal with it in an “independent and reasoned” manner.
He said that the Commission is conscious of the fact that it has to pass orders expeditiously in pending cases.
“The court is of the opinion that due consideration is being given to the matter. However, considering the fact that the subject matter pertains to an incident which took place in 2020, it is deemed appropriate to direct that the NHRC shall take its final decision in the matter in six months,” the court ordered.
The court noted that as per the reply filed by the NHRC, detailed action has been taken by the authority as per the complaint, including seeking a report from the authorities in West Bengal.
“The NHRC affidavit shows that directions have been passed by the commission and findings have been issued that human rights have been violated. Thereafter, notice was also served on the concerned authority including the Chief Secretary and DGP of West Bengal,” the court recorded.
The NHRC’s counsel said the commission is not a “supervisory authority” with respect to law and order in any state and deals with complaints of human rights violations.
Earlier, the petitioner had argued that the NHRC was not taking any action on the complaint and was “misusing” the powers conferred on it under the law.
The petition, filed in 2021, sought directions for an early decision by the NHRC on the complaint.
“The complaint was filed to bring to the notice of the respondent, the massive human and fundamental rights violations committed by the state machinery on the day of the Nabanna Chalo rally in West Bengal,” the plea said.
It claimed that the NHRC notice was issued immediately but the matter again went into abeyance.
The petition, through advocates Kabir Shankar Bose and Surjendu Shankar, states, “Even after a period of nearly nine months has elapsed since the complaint was made, the respondent has done nothing to bring the State of West Bengal and its police establishment to book.” ” Das said.
The petition states that the attack on the participants was an attack on democracy and that the police and the state government of West Bengal “worked together to forcefully suppress dissent and silence the demands of the people of West Bengal for accountability”.
“The vicious attacks carried out by police officers at the behest of the State Government are politically motivated and focused against supporters of any political party or faction, which is not the ruling party of the State of West Bengal, namely the All India Trinamool Congress [TMC]”Submitted the petition.