The present case arose following the results of the State Legislative Assembly elections in West Bengal in May 2021.
After the elections, many persons who had to flee their houses due to the violence approached the High Court claiming that they were not being allowed to return home by the workers of the ruling All India Trinamool Congress (AITMC) party.
On May 31, the Calcutta High Court ordered the formation of a three-member committee to ensure that persons displaced by post-poll violence in the State were able to return to their houses.
Thereafter, the High Court proceeded to order intervention by the National Human Rights Commission (NHRC). Subsequently, its chairperson Justice Arun Mishra constituted a seven-member committee to inquire into complaints regarding post-poll violence.
The committee submitted a report accusing the ruling Trinamool Congress party of turning affairs in the State into the “law of ruler“, instead of a “rule of law“, and called for a CBI probe in the matter, and for the case to be tried outside the State.
The State government strongly contested the NHRC report, questioning the impartiality of the human rights body.
The State proceeded to file an original suit against the Central government in the matter, wherein it also questioned the High Court’s decision to order a CBI probe in the matter.
In September 2021, the Supreme Court issued notice to the Central government on this plea.
In response, the Central government told the Supreme Court that orders of a State government to withdraw consent for CBI probes or a sweeping order withdrawing consent in all such cases would amount to an ultra vires exercise of power under Section 6 of the Delhi Special Police Establishment Act.
Source: Barandbench
