'There Are Many Places Where You Can Intervene, But...': SC Slams Human Rights Body Over Bengal Poll Demand

The apex court rejected NHRC's plea seeking the appointment of observers for panchayat elections in West Bengal and said that this amounts to 'interference' with the powers of SEC.

The Supreme Court on Friday pulled up the National Human Rights Commission while dismissing its petition challenging the Calcutta High Court's order which set aside the NHRC's decision to appoint observers for the panchayat elections in the State of West Bengal, reported Live Law and Bar and Bench. A division bench of Justice B V Nagarathna and Justice Ujjal Bhuyan dismissed the plea, finding that the interference by the NHRC undermined the ‘autonomy’ and ‘independence’ of the State Election Commission, even though the NHRC had ‘good intentions’, the report added. 

Notably, last month, a single bench of the Calcutta High Court had set aside the NHRC’s direction to appoint observers “to protect human rights” in Bengal Panchayat Elections this year. This was based on the media reports on widespread violence in the state. The order was further affirmed by a division bench on July 5, the news outlet stated. 

While hearing the plea, the bench observed that allowing such a move would amount to usurping the role of the State Election Commission.  

"Impugned (NHRC) notification was in contravention of Article 243K. Such suo motu cognisance could not have been done. Autonomy and independence is granted so that Central and State election commissions perform their duty without interference. NHRC was not right in seeking powers of superintendence. We see no merit in this SLP," the bench said, as quoted by the Bar and Bench. 

"How can you supervise polls when there is an autonomous body? You want to take parallel action? There are so many places where the Human Rights Commissions can step in, but they are only stepping in some places and acting like some super body ... Sorry we are dismissing," Justice Nagarathna highlighted, as per Bar and Bench. 

Earlier, the Calcutta High Court had held that the NHRC's move amounted to usurping the jurisdiction of the West Bengal State Election Commission (SEC). The court had made it clear that the order appointing an observer by the NHRC would make inroads into the election process amounting to an interference with the powers of the SEC, "which is not permissible". 

NHRC had taken a suo motu cognisance of a news report concerning election violence in West Bengal. The High Court noted that while the NHRC does have such powers, it must first conduct an inquiry and cross-check such media claims, which was not done in this case.