NHRC receives clarification from West Bengal CM NHRC asks WB Government for response on its Investigation Team’s report NHRC also reacts to WBHRC’s comments
In response to the Commission’s notice to the West Bengal Government asking it to confirm the authenticity of certain statements reported by the media and attributed to the Chief Minister of West Bengal, which were in context of human rights and Human Rights Commissions, the West Bengal Government has sent a clarification to the Commission. According to the clarification, which was considered by the Commission in its meeting today, the Chief Minister’s statements were in context of tragic incidents of dacoities and murders that had taken place in certain areas of West Bengal.
The Chief Minster had said that the police might resort to firing only to save the lives and properties of innocent citizens from armed criminals committing heinous crimes. The statement was intended to restore the faith of people in police. Also a section of police personnel had become hesitant in taking prompt action on the plea that if complaints were submitted to Human Rights Commission, they would be trouble. To remove their misgivings, the Chief Minister had stated that "the State Government would take up with the Human Rights Commission the rightful actions of the police in such situations".
Making a liberal construction of the State Government version of the Chief Minister’s statement and keeping in view the responsible constitutional office which he holds by virtue of which his commitment to uphold the constitution and the laws has to be assured, the Commission construed 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 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. 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 actions. The statement of the Chief Minister conveyed to the Commission in this manner and so understood did not give the impression conveyed by the media reports which had led to the issuance of notice by the Commission to seek a clarification.
However, the Commission has observed that it would have been better for the Chief Minister of West Bengal to have made such a clarification immediately upon appearance of the media reports as these had given rise to series misgivings, "which was the occasion for the Commission to take cognizance of this matter and issue the notice".
In view of the authentic statements of the Chief Minister conveyed to the Commission, it feels that no further action by it is necessary
The Chief Minster had said that the police might resort to firing only to save the lives and properties of innocent citizens from armed criminals committing heinous crimes. The statement was intended to restore the faith of people in police. Also a section of police personnel had become hesitant in taking prompt action on the plea that if complaints were submitted to Human Rights Commission, they would be trouble. To remove their misgivings, the Chief Minister had stated that "the State Government would take up with the Human Rights Commission the rightful actions of the police in such situations".
Making a liberal construction of the State Government version of the Chief Minister’s statement and keeping in view the responsible constitutional office which he holds by virtue of which his commitment to uphold the constitution and the laws has to be assured, the Commission construed 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 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. 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 actions. The statement of the Chief Minister conveyed to the Commission in this manner and so understood did not give the impression conveyed by the media reports which had led to the issuance of notice by the Commission to seek a clarification.
However, the Commission has observed that it would have been better for the Chief Minister of West Bengal to have made such a clarification immediately upon appearance of the media reports as these had given rise to series misgivings, "which was the occasion for the Commission to take cognizance of this matter and issue the notice".
In view of the authentic statements of the Chief Minister conveyed to the Commission, it feels that no further action by it is necessary