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In Post-Poll Violence Hearings Where Mamata Banerjee Argued, Calcutta HC Orders 'Safe Return’ of Those Displaced

Following the court hearing, the Bar Council of India sought a report from its West Bengal wing about the details of Banerjee’s enrolment and practice status for appearing in lawyer’s uniform.
Following the court hearing, the Bar Council of India sought a report from its West Bengal wing about the details of Banerjee’s enrolment and practice status for appearing in lawyer’s uniform.
in post poll violence hearings where mamata banerjee argued  calcutta hc orders  safe return’ of those displaced
Former West Bengal chief minister Mamata Banerjee in her lawyer's uniform. In the backdrop is Calcutta high court. Photo: Wikimedia Commons, PTI
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New Delhi: The Calcutta high court has issued interim directions to the Kolkata Police to ensure the safe return of people allegedly displaced from their shops, homes or properties, regardless of political affiliation. The directions came as the high court was hearing PILs regarding alleged post-poll violence, on a day when former chief minister Mamata Banerjee appeared, donning a lawyer’s gown, to argue one of the matters.

The former CM also faced sloganeering while entering the high court.

A bench of Chief Justice Sujoy Paul and Justice Partha Sarathi Sen held that the police “shall also ensure that if any citizen irrespective of his/her party affiliation, is illegally thrown out of his shop/house/property etc. due to post poll violence, he/she shall be given a safe return to his shop/house/property etc," LiveLaw reported.

The high court also called for affidavits in the matter and noted that if a five-judge bench was to be constituted to hear the post-poll violence matters, the way it had done in 2021 and was being requested by the petitioners, then it would have to be done at a later stage after the filing of affidavits.

Banerjee told the court that following the Assembly election results, several houses were allegedly ransacked and people displaced, and sought protection for those affected. "Please see the images. Even the children are not spared. The women are not spared, the minorities are not spared...They ransacked so many houses. So many people are suffering...Please tell the police to behave properly. They are not allowing FIRs to be lodged,” she submitted to the court.

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“My humble submission is to please protect the people of Bengal. This is not a bulldozer state,” she said.

Senior advocate Kalyan Bandopadhyay, appearing for Trinamool Congress, argued that one after another, party offices of TMC were vandalised. "Our workers were brutally assaulted by the ruling party supporters… (they) became homeless and were forced to leave their homes. No one of our workers is able to stay in their home. Everywhere a fear situation is created. Vandalism is happening. Women are being brutally assaulted in open areas," he told the court.

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He sought an interim order to form an independent committee to probe the complaints, like in 2021. He also sought directions to ensure peaceful return of persons forced to leave homes due to post poll violence and a restraint on any bulldozer action in the state without following the rule of law or leave of court. 

“We are not living in Uttar Pradesh but in West Bengal," he reportedly said.

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Additional Solicitor General Ashoke Chakrabarti appearing for the West Bengal government, which is now led by the Bharatiya Janata Party, however submitted that the merits of the PIL need to be assessed before passing any directions. His deputy Solicitor General Dhiraj Trivedi, appearing for the state police, added that veracity of "stray photos" annexed in the petitions "without authentication" will have to be verified.

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Bar Council questions Mamata Banerjee’s qualifications

Following the court hearing, meanwhile, the Bar Council of India (BCI) sought a report from its West Bengal wing about the details of Banerjee’s enrolment and practice status in two days with details if the former CM sought suspension of bar licence when she was the chief minister.

In a letter to the secretary of the state council, the BCI wrote, “It has been brought to the notice of the Bar Council of India, through various media reports, that Ms. Mamata Banerjee, former Chief Minister of West Bengal, appeared today before the Hon'ble High Court at Calcutta wearing advocate's robes / legal attire, including white bands.”

Noting that there are strict rules on the standard of professional conduct and etiquette of advocates, it added, “Ms. Mamata Banerjee served as Chief Minister of West Bengal from 2011 to 2026. Having regard to the constitutional public office held by her during the said period, and without expressing any opinion at this stage on the permissibility or otherwise of such appearance, the Bar Council of India requires the factual status of her enrolment, practice, suspension, if any, and resumption, if any, to be verified from your records.”

In a post on X regarding the TMC supremo’s appearance in court, the party said, “She never abandons the people of Bengal in their hour of need. She never stops fighting for truth, justice, and constitutional values. And time and again, she rises above the politics of hatred with unmatched compassion, courage and conviction.”

Meanwhile, BJP spokesperson N.V. Subhash claimed that the TMC was “unable to digest the defeat”. 

“The elections in West Bengal are over; the people have given a landslide victory to the Bharatiya Janata Party (BJP). The Chief Minister has been sworn in… along with his cabinet colleagues, and there is a peaceful atmosphere in West Bengal. But the TMC thought that they were going to rule again…She (Mamta Banerjee) is unable to digest the defeat," Subhash said, as quoted by ANI.

This article went live on May fourteenth, two thousand twenty six, at twenty-seven minutes past seven in the evening.

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