Supreme Court to listen to plea in search of President’s Rule in Bengal

The Supreme Court on Thursday agreed to listen to a plea in search of instructions to the Centre to impose President’s Rule in West Bengal over alleged incidents of post-poll violence within the state.
A bench comprising Justices Vineet Saran and Dinesh Maheshwari issued discover to the Centre, West Bengal and the Election Commission of India.
The plea filed by advocate Ranjana Agnihotri additionally sought instructions to deploy armed paramilitary forces to deliver normalcy within the state and arrange a Special Investigation Team (SIT) to probe the causes and causes of post-poll violence in West Bengal.
Agnihotri, a lawyer practising in Uttar Pradesh, had in October final 12 months filed a plea in a Mathura court docket in search of the elimination of the Shahi Idgah mosque — located close to the Shri Krishna temple advanced — through which she had described herself because the “next friend” of Shri Krishna Lala Virajman. The court docket dismissed the plea.
Under Article 356 of the Constitution, President’s rule could be imposed in “case of failure of constitutional machinery in State” if the President, on receipt of a report from the Governor of the State or in any other case, is happy {that a} scenario has arisen through which the federal government of the State can’t be carried on in accordance with the provisions of the Constitution.
Advocate Hari Shankar Jain — showing for petitioners Ranjana Agnihotri, a UP based mostly working towards lawyer and social employee Jitender Singh — mentioned that the plea is in opposition to post-poll violence in West Bengal.
The bench mentioned, “We are issuing notice to respondent number 1, (Union of India), respondent number-2 (West Bengal government) and Respondent number 3 (Election Commission of India).”
The bench, nonetheless, didn’t concern discover to respondent quantity 4 — Mamata Banerjee because the president of Trinamool Congress Party (TMC).
The plea filed via advocate Vishnu Shankar Jain mentioned that the PIL has been filed in extraordinary circumstances as hundreds of residents of West Bengal are being terrorized, penalised and tortured by the employees of TMC for supporting the opposition party- Bhartiya Janta Party (BJP) through the meeting polls.
“The petitioners are espousing the cause of thousands of citizens of West Bengal who are mostly Hindus and are being targeted by Muslims to take revenge for supporting BJP as they want to crush Hindus so that for years to come the power may remain with the party of their choice,” the plea mentioned.
The plea sought from the court docket “directing the central government to exercise its power conferred by Article 355 and Article 356 keeping in view the deteriorating condition posing a threat to sovereignty and integrity of India”.
It mentioned that quickly after the declaration of meeting polls end result on May 2, the TMC employees and supporters began creating chaos, unrest and setting the homes and properties of Hindus on fireplace, looting and plundered their belongings for the easy motive that they’d supported BJP in meeting polls.

The plea mentioned that in an try to create terror and dysfunction within the society at the very least 15 BJP employees/ sympathisers/supporters have misplaced their lives and numerous them have been significantly injured.
“The government and administration remained silent spectators and no protection was provided to the victims by them. The government, officials and the administration and the police are supporting workers of TMC, due to which the life, liberty, prestige, dignity and modesty of women are being taken away as is evident from the fact that number of persons were harmed and mercilessly murdered and no steps were taken for their safety,” the plea mentioned.
It added that no acceptable motion was taken in opposition to the culprits, as a consequence of which the life, liberty, dignity of the ladies and youngsters are in peril and the way forward for Hindu residents is in jeopardy.
“In these circumstances, immediate intervention of the court is required and the court may issue command to the opposite parties is required and the court may issue command to the opposite parties so that the government of West Bengal functions in accordance with the provisions of the Constitution and in case of continued violation the government of India may be directed to take appropriate action under Article 355 and 356 of the constitution,” it mentioned.
The plea alleged that through the meeting elections which have been held in April, the TMC social gathering had contested the polls purely “on communal basis arousing the feelings of the Muslims and appealing to them to remain united and vote for their party for their better future”.
It mentioned that subsequently BJP made a grievance to ECI in opposition to the communal enchantment made by TMC social gathering and the ballot panel failed to carry free and truthful election conforming the democratic norms and didn’t implement the necessary provision of part 123 of Representation of People Act which needs to be carried out through the election.

The National Human Rights Commission on June 21 arrange an eight-member committee headed by NHRC member Rajiv Jain in compliance with a Calcutta High Court path to analyze incidents of post-poll violence in West Bengal.
The HC determination got here on a plea filed by BJP candidate Priyanka Tibrewal, who misplaced within the Assembly polls from Entally in Kolkata, alleging that numerous folks had fled their houses to avoid wasting their life.
With inputs from PTI