The situation in Nandigram on March 14 was not provocative enough to warrant police firing in which 14 people died, Calcutta High Court has observed in a judgment that termed the action %u201Cwholly unconstitutional%u201D.
The conclusion %u2014 possibly based on a preliminary CBI report saying the police shot to kill, not to scatter %u2014 suggests skilled crowd management could have averted the chain of events that triggered the gravest crisis in Bengal in recent memory.
The 172-page judgment punches holes in the government%u2019s version of events, lengthening its list of woes in the middle of a fresh furore over Nandigram and before it could recover from the loss of face in the Rizwanur Rahman case.
The mob at Nandigram had not prevented the police from carrying out their duties, the court said while stepping up the size and sweep of compensation announced by the government.
The judgment also cleared the haze over the number of casualties in the police firing by putting the toll at 14 %u2014 one of whom remains unidentified %u2014 and the injured at 162.
Government officials and politicians have been saying off and on that some victims had died of %u201Cvarious causes%u201D, implying that bombs hurled or bullets fired by the mob itself could have killed them. But the judgment mentions %u201Cpolice firing%u201D and %u201Cindiscriminate police firing%u201D in which 14 %u201Cinnocent villagers%u201D died.
Another government claim %u2014 that the crowd was armed %u2014
RE:Nandigram Firing Unconstitutional
by S Janardan on Nov 17, 2007 07:45 AM Permalink
Unconstitutional - that is true but who will bell the cat? UPA just can't rule the country without the support of CPI(M)? It's a joy ride for them. This UPA-Left Front nexus is vicious for our country. This country need a change in leadership. MMS is just a puppet, weak and helpless kind of a guy who can't breathe without Sonia's blessing. How can he take a firm step? Guys, do something to change at the national level. Nandigram type of situation can not go on for ever. The example of commies will bring in more of hoodlums, anarchy everywhere in our country. Before anything happens like that, please wake up guys!
RE:Nandigram Firing Unconstitutional
by Biswajit Gupta on Nov 17, 2007 07:05 AM Permalink
Another government claim %u2014 that the crowd was armed %u2014 has also not been borne out by the ruling.
State advocate-general Balai Ray later said four women were raped on March 14. The judgment does not mention the four incidents but it has specified compensation for victims of rape. All payments should be made within a month from today.
A division bench of Chief Justice S.S. Nijjar and Justice Pinaki Chandra Ghose said in the judgement that the intention of the police seemed %u201Cto be to crush the demonstration rather than to control or disperse an unlawful assembly%u201D.
%u201CAlso, the court does not accept that it is permissible to indiscriminately open fire to control the crowd%u2026. The firing cannot be justified under any provision of the law.%u201D
The judges said there was nothing to prove that the crowd was posing such a danger or threat to the police that the force had to open fire. There was %u201Cnot enough provocation%u201D.
They said confusion prevailed over who gave the order to open fire on a crowd that was unarmed. %u201CThe action of the police cannot be justified on the ground of sovereign immunity either.%u201D
In the preliminary report to the court, the CBI is learnt to have said the police had violated regulations and had opened fire not to scare away the crowd but to kill. The police should have first opened fire in the air and then shot at the legs instead of firing indiscriminately, the report has apparently said.
The court gave liberty to the CBI to register cases against the accused, in
RE:RE:Nandigram Firing Unconstitutional
by Biswajit Gupta on Nov 17, 2007 07:06 AM Permalink
The state had challenged the authority of the court to order a CBI inquiry on the basis of the governor%u2019s statement. But the court said it was within its jurisdiction to seek a CBI probe without taking the consent of the state government.
Ray%u2019s prayer for staying the operation of the order for at least three weeks was rejected.
Asked whether the government would approach the Supreme Court, Ray said: %u201CI have advised the government to move an appeal. The high court cannot ask for a CBI probe without taking prior permission from the state government. This issue is pending before a larger bench of the Supreme Court.%u201D
Chief minister Buddhadeb Bhattacharjee did not comment but CPM leader Benoy Konar asked: %u201CDo they expect the police to contain rowdies by spraying Gangajal and reading out the Gita to them?%u201D Top
