Commission gets clarification on West Bengal CM’s remarks on `Human Rights’
On 11 January 2001, the Commission asked the Chief Secretary, Government of West Bengal, to verify the authenticity of certain statements attributed to the Chief Minister of West Bengal in various media Reports.
The matter was taken up by the Commission on the basis of several media reports and a letter of the Union Home Minister to the Commission dated 8 January 2001 annexing thereto a copy of a letter from the Union Railway Minister to the Home Minister dated 26 December 2000. The letter of the Railway Minister, which enclosed press clippings, stated that it had been "widely reported that the Chief Minister of West Bengal had directed the State Police to use arms against criminals and kill them". It added that the Chief Minister had also been quoted to have provoked the police officers not to bother about the Human Rights Commission since he would "handle" the Commission.
An article in "India Today" of 15 January 2001 had stated that the Chief Minister, who is also the Home and the Police Minister, had urged the police to "use those guns that the Government has given you", and that he had added, "Shoot if you need to and do not worry about human rights. I’ll take care of that". The statement had reportedly been made when the Chief Minister was inaugurating two police stations on Christmas Day.
Since some of the extracts from media reports had appeared in reputed newspapers and a journal having large circulation in the country and abroad, the Commission felt that it was not possible to ignore these reports and that there was need to verify the authenticity of the statements attributed to the Chief Minister. The significance had increased with reports of increasing police atrocities, which, it was suggested in some media reports, were at least encouraged by such an exhortation.
Inspite of the credibility prima-facie attaching to the source of these reports, the Commission observed that it would not like to form its opinion on the subject without verification and confirmation of the authenticity of the reports, directly from the person to whom these statements had been attributed. It therefore asked the Chief Secretary of West Bengal to ascertain from the Chief Minister Shri Buddhadev Bhatacharya himself the correctness or otherwise of the statements attributed to him.
The Commission further observed that Section 12 of the Protection of Human Rights Act 1993, obliged the Commission to inquire into the complaint of violations of human rights or abetment thereof; or negligence in the prevention of such violation by a public servant. It noted that these statutory functions of the Commission are of wide import.
The Commission also observed, in this connection, that the Constitution of India, the upholding of which is sworn to by every constitutional functionary while entering office, in Article 21 guarantees `right to life’ with dignity to every person including non-citizens and assures that `no person shall be deprived of his life or personal liberty except according to procedure established by law’. The procedure contemplated is a procedure which is fair in content as well as in its application. The Commission added that this is the settled constitutional position as a result of a catena of Supreme Court decisions, two such decisions in Sunil Batra and Charles Shobraj being well known.
In response to the Commission’s notice, the Chief Secretary, Government of West Bengal responded through a letter dated 17 January 2001, stating that he had ascertained from the Chief Minister the main points made by him in the course of his speeches on 25 December 2000 while laying the foundation stones of new police stations. In a note annexed to the Chief Secretary’s letter, it was stated that "The Chief Minister, while addressing the meetings, had stated that if armed criminals are found committing dacoities, murders etc. or attempting to commit such heinous crimes, the police, to save the lives and properties of innocent citizens may resolve to firing. He made this statement in the context of some tragic incidents of dacoities and murders that took place in Kasba P.S. some time back. The statements were intended to restore the faith of the people in the police".
"It may also be mentioned that a section of police personnel are hesitant to take action promptly on the plea that in case complaints are submitted to the Human Rights Commission they would face a lot of difficulties. To remove their misgivings, the Chief Minister stated that the State Government will take up with Human Rights Commission the rightful action of police in such situations as and when complaints are brought to the notice of the West Bengal Human Rights Commission".
Making a liberal construction of the note containing the gist of the Chief Minister’s statement keeping in view the responsible constitutional office which he held by virtue of which his commitment to uphold the Constitution and the laws had to be assumed, the Commission stated it would like to construe the Chief Minister’s statement to mean that he had exhorted the police force to act within the ambit of law in dealing with armed criminals found committing dacoities, murders etc., or other heinous crimes to save the lives and properties of the victims of those crimes, using force including resorting to firing, within the parameters of the law; and that if, in the performance of their duties and discharge of their rightful function in accordance with the law, they were made answerable before the Human Rights Commission, the Government of West Bengal would defend their rightful action. The Commission therefore concluded "The statement of the Chief Minister conveyed to the Commission in this manner and so understood does not give the impression conveyed by the media reports which led to the issuance of notice by the Commission to seek the clarification".
The Commission however observed that "it would have been better for the Chief Minister of West Bengal to have made such a clarification on appearance of the media reports giving rise to serious misgivings which was the occasion for the Commission to take cognizance of this matter" and issue the notice.
In view of the authentic statement of the Chief Minister, West Bengal conveyed to the Commission, it was felt that no further action by it was necessary with regard to that statement.
The matter was taken up by the Commission on the basis of several media reports and a letter of the Union Home Minister to the Commission dated 8 January 2001 annexing thereto a copy of a letter from the Union Railway Minister to the Home Minister dated 26 December 2000. The letter of the Railway Minister, which enclosed press clippings, stated that it had been "widely reported that the Chief Minister of West Bengal had directed the State Police to use arms against criminals and kill them". It added that the Chief Minister had also been quoted to have provoked the police officers not to bother about the Human Rights Commission since he would "handle" the Commission.
An article in "India Today" of 15 January 2001 had stated that the Chief Minister, who is also the Home and the Police Minister, had urged the police to "use those guns that the Government has given you", and that he had added, "Shoot if you need to and do not worry about human rights. I’ll take care of that". The statement had reportedly been made when the Chief Minister was inaugurating two police stations on Christmas Day.
Since some of the extracts from media reports had appeared in reputed newspapers and a journal having large circulation in the country and abroad, the Commission felt that it was not possible to ignore these reports and that there was need to verify the authenticity of the statements attributed to the Chief Minister. The significance had increased with reports of increasing police atrocities, which, it was suggested in some media reports, were at least encouraged by such an exhortation.
Inspite of the credibility prima-facie attaching to the source of these reports, the Commission observed that it would not like to form its opinion on the subject without verification and confirmation of the authenticity of the reports, directly from the person to whom these statements had been attributed. It therefore asked the Chief Secretary of West Bengal to ascertain from the Chief Minister Shri Buddhadev Bhatacharya himself the correctness or otherwise of the statements attributed to him.
The Commission further observed that Section 12 of the Protection of Human Rights Act 1993, obliged the Commission to inquire into the complaint of violations of human rights or abetment thereof; or negligence in the prevention of such violation by a public servant. It noted that these statutory functions of the Commission are of wide import.
The Commission also observed, in this connection, that the Constitution of India, the upholding of which is sworn to by every constitutional functionary while entering office, in Article 21 guarantees `right to life’ with dignity to every person including non-citizens and assures that `no person shall be deprived of his life or personal liberty except according to procedure established by law’. The procedure contemplated is a procedure which is fair in content as well as in its application. The Commission added that this is the settled constitutional position as a result of a catena of Supreme Court decisions, two such decisions in Sunil Batra and Charles Shobraj being well known.
In response to the Commission’s notice, the Chief Secretary, Government of West Bengal responded through a letter dated 17 January 2001, stating that he had ascertained from the Chief Minister the main points made by him in the course of his speeches on 25 December 2000 while laying the foundation stones of new police stations. In a note annexed to the Chief Secretary’s letter, it was stated that "The Chief Minister, while addressing the meetings, had stated that if armed criminals are found committing dacoities, murders etc. or attempting to commit such heinous crimes, the police, to save the lives and properties of innocent citizens may resolve to firing. He made this statement in the context of some tragic incidents of dacoities and murders that took place in Kasba P.S. some time back. The statements were intended to restore the faith of the people in the police".
"It may also be mentioned that a section of police personnel are hesitant to take action promptly on the plea that in case complaints are submitted to the Human Rights Commission they would face a lot of difficulties. To remove their misgivings, the Chief Minister stated that the State Government will take up with Human Rights Commission the rightful action of police in such situations as and when complaints are brought to the notice of the West Bengal Human Rights Commission".
Making a liberal construction of the note containing the gist of the Chief Minister’s statement keeping in view the responsible constitutional office which he held by virtue of which his commitment to uphold the Constitution and the laws had to be assumed, the Commission stated it would like to construe the Chief Minister’s statement to mean that he had exhorted the police force to act within the ambit of law in dealing with armed criminals found committing dacoities, murders etc., or other heinous crimes to save the lives and properties of the victims of those crimes, using force including resorting to firing, within the parameters of the law; and that if, in the performance of their duties and discharge of their rightful function in accordance with the law, they were made answerable before the Human Rights Commission, the Government of West Bengal would defend their rightful action. The Commission therefore concluded "The statement of the Chief Minister conveyed to the Commission in this manner and so understood does not give the impression conveyed by the media reports which led to the issuance of notice by the Commission to seek the clarification".
The Commission however observed that "it would have been better for the Chief Minister of West Bengal to have made such a clarification on appearance of the media reports giving rise to serious misgivings which was the occasion for the Commission to take cognizance of this matter" and issue the notice.
In view of the authentic statement of the Chief Minister, West Bengal conveyed to the Commission, it was felt that no further action by it was necessary with regard to that statement.