The Supreme Court on Friday adjourned the case of post poll violence in West Bengal, where it asked the registry to list the matter before a Bench in which Justice Indira Banerjee, is not a part. SC Justice Indira Banerjee recused herself from hearing a plea filed by kin of two BJP Workers, who were killed in the poll related violence occurred on May 2, 2021 in West Bengal. While delivering the order Justice Banerjee, who also hails from West Bengal, said “I have somedifficulty in hearing this matter”.
The Court has also not given the next day of hearing the matter, even when Solicitor General Tushar Mehta requested for the listing of the matter on coming Tuesday, saying it is not proper to put a hearing day when a presiding Judge is recusing themselves.A bench consisted of Justice Indira Banerjee and M R Shah, who were hearing the petitions demanding an independent inquiry of the Trinamool Congress who were associated with the alleged killing of workers of Bharatiya Janata Party on May 2nd, after the results of the Assembly election. The plea, filed by Biswajit Sarkar, brother of deceased BJP member Avijit Sarkar, where it was presented before the Court to monitor the probe and transfer of cases to the Central Bureau of Investigation (CBI) or Special Investigation Team (SIT). The widow of Haran Adhikari is the second petitioner in the case.West Bengal went through devastating incidents of violence and riots following the election results which came on May 2nd. Both TMC and BJP blamed each other for the violence and death of party’s workers.In the petition, Biswajit Sarkar accused the West Bengal Government and the Police of inaction and involvement of them in the violence after the election result and asked for the rehabilitation and compensation for those affected by such actsof violence. The plea also asked for the direction to look into the matter of the widespread of such violence after the results.On May 25th, 2021, a vacation Bench of Justice Vineet Saran and B R Gavai, directed the West Bengal Government to file a counter affidavit in the case, after the State’s counsel informed about the FIRs being registered by the State Police in respect of the killings, and on the basis of the complaints’ allegations, three people from both sides have been arrested.
On Monday after such an order by the vacation bench in respect of the counter affidavit, the West Government Filed the same and said that the seeking of an independent inquiry in the petition is misleading and politically motivated. It also claimed that the accusation of complicity and involvement in the violence are not true and are on “hearsay reports and concocted stories disseminated on social media by miscreants”. It has also urged that SC should not involve and intervene with the matter relating to violence, as it has already put for hearing before the Calcutta High Court.
Jurisdictio Omnis 