The Hindu : National : PIL against West Bengal dismissed

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Tuesday, Nov 20, 2007
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PIL against West Bengal dismissed

Legal Correspondent

New Delhi: The Supreme Court on Monday dismissed at the admission stage a public interest litigation petition filed by a Kolkata-based lawyer for a direction to the Centre to take action against the West Bengal government for Nandigram incidents by calling for a report from Governor Gopalkrishna Gandhi.

A Bench comprising Chief Justice K. G. Balakrishnan and Justices R.V. Raveendran and J.M. Panchal told counsel for Kedar Nath Yadav that it would be an abuse of the judicial process if the court issued any such direction.

In support of his plea, counsel referred to the November 16 Calcutta High Court order describing the March 14 police firing at Nandigram as wholly unconstitutional and unjustified. The Chief Justice told him, “You want us to seek a report from the Governor for action under Article 355 [quelling internal disturbance] or 356 [President’s Rule] of the Constitution. Can we ask the Governor to send a report? What sort of petition have you filed? It will be an abuse of the process of this court. We can’t entertain such petitions.”

High Court, NHRC looking into issue

Justice Raveendran told counsel, “The High Court is looking into the matter. The National Human Rights Commission is looking into it. Why do you want us to go into the same issue?”

The petition said the Governor’s March 14 press statement on the Nandigram police firing, in which 14 persons were killed, should be treated as a report sent to the Centre under Article 355/356.

“People live in fear”

The petition said the people of Nandigram “still live in fear and the roads to the market place, schools and colleges are under police cover.” The Governor’s observations would show that there was a breakdown of the administrative machinery.

The petition, therefore, sought a direction to take action against the government based on the Governor’s press statement; to call for all connected records from officials and authorities in the public interest for effective adjudication and to appoint a judicial inquiry into the March 14 incidents.

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