Plea to end Nandi case

- Mamata govt for closure of Left challenge to HC order

SAMANWAYA RAUTRAY

Security forces patrol in Nandigram two days after the firing on March 14, 2007

New Delhi, Dec. 4: The Mamata Banerjee government has sought the Supreme Court's permission to withdraw its Left predecessor's appeal against a Calcutta High Court order that had described the March 2007 police firing in Nandigram as "unconstitutional" and "wholly unjustified".

If the apex court allows the state's latest plea, it will pave the way for cases being filed against any erring policeman, officer or government official.

The "unconstitutional" tag too will stand, as will the high court decision to strike down a Bengal police rule that asks the force to shoot directly at crowds instead of first firing warning shots in the air.

The Mamata government's petition, filed through state counsel Abhijit Sengupta, said it was "not interested" in proceeding with the special leave petitions filed by the former Left Front government.

"Therefore, it is prayed that this court may be pleased to permit the (petitions) to be withdrawn in the interest of justice."

The withdrawal plea is yet to be listed for hearing.

On March 14, 2007, police had fired on land protesters in Nandigram, causing 14 deaths and setting off a political earthquake that ended 34 years of Left rule in Bengal.

The high court's November 16, 2007, order had asked the CBI to probe the firing and prosecute policemen and officials who may have transgressed the law, and the state to compensate all the victims. The CBI is believed to have completed the probe.

If the top court accepts the state's plea, it may also lift its stay on the CBI filing cases, an order it had passed on December 13, 2007, following the Left government's appeal.

That appeal, filed on December 4 that year, had said the high court "was wholly unjustified in rendering strong and definite findings of unconstitutionality and illegality in the firing which the police were forced to undertake".

It had contested the direction to pay compensation to all the victims, saying some of them were "injured or killed while attacking the police". An inquiry must be done first into "what part the injured/deceased had to play in attacking and injuring policemen", it said. Eventually, the Left government compensated the victims after being prodded by the apex court.

The former government had also challenged the high court move to strike down 155(B) of the Police Regulations of Bengal, 1943, which forbids police from firing at anyone except members of a crowd. Under the rule, the police cannot fire in the air or in any other direction.

The Left government had argued the rule was "intended to prevent innocent persons far behind the mob from being killed".

CPM state secretary Biman Bose had openly criticised the high court's order, prompting it to issue contempt notices. The matter is still pending.