West Bengal: Urgent Tasks before the New Government

by DEBABRATA BANDYOPADHYAY

Winston Churchill, in the preface to his six-volume history, The Second World War, wrote: In War: Resolution; In Defeat: Defiance; In Victory: Magnanimity; In Peace: Goodwill.

Mamata Bandyopadhyay followed this precept wonderfully in what the media chose to call ‘the great battle for the Writers’ Buildings.’ She made a courtesy call on the former Lok Sabha Speaker Somnath Chattopadhyay at the latter’s residence. By this act she set a shining example of propriety and courtesy in politics. My sincere thanks to her for this.

It may not be out of place, though, to say a few words about this gentleman. When the CPI-M candidate Gautam Deb found himself in deep waters at the Dum Dum constituency in the recent Assembly elections, he sought help from two persons. One was the notorious anti-social Majid Master of Sashan (North 24-Parganas). The other was barrister Somnath Chatto-padhyay who had been reprimanded by the CPI-M and expelled from the party. Majid Master, who was in jail, failed to get bail and could not go for campaigning. But Somnath Babu stooped to the level of Majid Master and went to campaign for Gautam Deb. But his candidate Gautam lost to an “unknown” Trinamul Congress candidate, Bratya Basu, by a margin of 31,497 votes.

Not only this. After CPI-M jotedars killed eleven Muslim agricultural labourers at Suchpur (because they demanded the minimum wages fixed by the government), it was Somnath Chattopadhyay, the then CPI-M MP from Bolpur, who issued a statement claiming that those killed were dacoits and were trying to commit a dacoity. The statement was totally false. In the trial, 44 CPI-M workers were sentenced to life imprisonment. In spite of all this, the courtesy Mamata Devi had shown him speaks volumes of her magnanimity.

In this context, I would like to refer to some judgments of the Calcutta High Court. Several cases were filed in the High Court in connexion with land acquisition at Singur. This writer also went on a public interest litigation against the acquisition. During the court proceedings, it was found that all the heavyweight legal luminaries charging five-or six-figure fees were appearing either for the State Government or the company which was the beneficiary of the acquisition. On our side, there were no big names except senior advocates Soumyen Bose and Kalyan Bandyo-padhyay. The late Siddhartha Shankar Ray appeared in my case along with Soumyen Bose and argued for several days. Soumyen Bose argued for 32 days over two months against the acquisition. He did not take any fees. We lost the case in the High Court. Some others went on an appeal before the Supreme Court. The case is still pending. The counsel for the West Bengal Government opposed the appeal in the Supreme Court as per his brief. The new government should immediately change its instructions to its lawyers, directing them to support and not oppose the appeal, so that it leads to a fair disposal of the case in the Supreme Court.

Secondly, the Calcutta High Court held the police firing at Nandigram on March 14, 2007, as illegal and unconstitutional. The CPI-M Government went on appeal to the Suprme Court to save the guilty police officials. The new government should immediately withdraw the appeal and take punitive measures against the the guilty police and civil officials and make public the CBI report.

Thirdly, advocate Joydeep Mukherjee has filed an appeal in the Supreme Court in the Marich-jhanpi case. The Court has admitted the appeal and issued notices to concerned parties. The new government should support the PIL and publish the report of the Tarapada Mukherjee Commission. The advocates appearing for the West Bengal Government in the Supreme Court should be given necessary instructions immediately.

Fourthly, in the Sainbari multiple murders which took place during Jyoti Basu’s regime, the State Government withdrew the cases under Section 321 of the IPC against Benoy Konar, Khokan alias Nirupam Sen, Manik Roy alias Anil Bose, Paltu alias Rajat Bandyopadhyay,

etc. in spite of the fact that their names had figured as accused in the FIR. All of them were acquitted. Forty years later, advocate Joydeep Mukherjee filed a PIL in the Supreme Court, challenging the legality of the acquittal order. The Court has admitted the PIL and ordered notices to be issued to the parties concerned. The new government should file an appeal in the Supreme Court praying for the reopening of the case and make the accused stand trial. It should immediately consult legal experts to ascertain whether it is possible to nullify the acquittal order and arrange the re-trial of all the accused. If it is possible, then the PIL pending before the Supreme Court may be withdrawn.

Fifthly, the CPI-M Government appealed to the Supreme Court to strike down the Calcutta High Court order directing a CBI inquiry into the death of Rijwanur Rahman in order to save the impugned police officers like the then Commissioner of Police, Calcutta, Prasun Mukherjee, Deputy Commissioner Jnanabanta Singh and others. The new government should withdraw the appeal and start a departmental inquiry against the concerned police officers and initiate the necessary process.

Sixthly, the Calcutta High Court ordered a CBI inquiry in a PIL on the Netai genocide case. In that case, the present Home Secretary filed a false affidavit in the Court, denying he had any knowledge of the existence of any more harmad camps in Jangalmahal. The erstwhile mafia government went on an appeal to the Supreme Court, challenging the High Court order. The new government should immediately retract the appeal and ensure compliance with the High Court order.

Seventhly, the new government should support the PIL filed in the Supreme Court demanding trial of those guilty of burning alive seventeen Ananda Margi monks in Calcutta on April 30, 1982.

Eighthly, the PIL filed in the Supreme Court regarding the land allotment scam in Salt Lake, should be supported by the new government so that the truth about the scam comes out.

Ninthly, another PIL has been started to ascertain the truth about the alleged land allotment scam at Rajarhat. The new government should make a thorough study of the matter and support the PIL.

Tenthly, the previous government had got Debu Malik and Suhrid Dutta, accused in the case of rape and murder of Tapasi Malik of Singur, released on bail. Both the accused are now at liberty and are doing it fine in their respective homes. The new government should file a petition in the higher court for immediate cancellation of their bail bond and send them back behind the bars.

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I have mentioned some of the cases I know of. These cases are crying for justice in public interest. There are several other cases which had been instituted by the defeated CPI-M Govern-ment, consistent with their usual anti-people policies and for perpetuating their party-cracy. If necessary, all these cases should be reviewed by eminent pro-change lawyers and appropriate action taken.

The previous government had started many false cases to terrorise people and prevent them from joining the movement against eviction from their lands. An example will show the repulsive extent to which they went. When the Singur movement was at its peak, a two-year-old child named Payel Bag was arrested on the charge of sedition and imprisoned for 45 days along with her mother. The police daroga who did this ‘heroic’ deed should be found out, identified and made to answer for his criminal misuse of power.

Several dozen false cases have been started against Becharam Manna, leader of the Singur movement, and other leaders. These false cases, instituted to serve the narrow political interests of the previous government, should be with-drawn and the men, women and children cleared of the stigma of having been implicated in criminal cases. It is necessary to do it now for ushering in a healthy, terror-free atmosphere.

The lawyers who had been appointed by the previous government on political consideration should either resign voluntarily or be dismissed straightaway. This will create many vacancies. While filling up these posts, both their merit and their past record as well as their professional outlook and behaviour should be taken into account. I had to attend the Chief Justice’s court several times during the Singur land acquisition case. I was surprised to find that barring Siddhartha Shankar Ray, Soumyen Bose, Kalyan Bandyopadhyay and a few of their juniors, no other lawyer was on our side. It may be said for argument’s sake that a professional lawyer would appear for anyone who pays him his professional fees. But from their demeanour and body language in the court it was obvious that not only professionally but also psychologically they had identified themselves fully with the stand of the government and the company. What their body language said was: “How dare these rustic farmers challenge the mighty Tatas?” It is because of this that I have cautioned above that while appointing the Advocate General, Standing Counsels and government pleaders, their mindset and attitude should also be taken into account. Otherwise, the new government may have to face grave dangers.

In the district courts also, many government pleaders will have to be appointed. They should not only be professionally competent but their mental make-up must be in sync with the spirit of change. Else, the government may come to harm in future. Besides, many lawyers, retired judges and adminisitrative officers will be required to set up multi-bench tribunals for trying political crimes. That list will have also to be drawn up carefully. It should be borne in mind that the garbage accumulated and left behind by the CPI-M over 35 years will have to be cleaned in five years. That alone can blow away the suffo-cating atmospshere of tyranny, change the blatantly partisan mindset and usher in a climate of healthy, free and open political and social ambience and establish the rule of the law in the true sense.

(Courtesy: Dainik Statesman, Kolkata)

[Translated from the original Bengali by Barun Das Gupta]

The author is a former Revenue Secretary of the Union Government.