Kolkata High Court orders CBI probe into Nandigram carnage

Association for Protection of Democratic Rights along with Paschim Banga Khet Majoor Samity, National Alliance of People's Movement and others put forward a petition to the Kolkata High Court urging immediate intervention of the court to reinstate safety and security of the villagers in Nandigram. The organisations also pleaded for an interim order restraining the state administration preventing them from reaching Nandigram to provide assistance to injured and deceased villagers.

In response to the above appeal on 15th March 2007, a Division Bench of the High Court comprising Honourable Chief Justice S S Nijjar and Honourable Justice Pinaki Chandra Ghosh passed an order and reprimanded the state government stating "we are satisfied that this action of the police department is wholly unconstitutional and can not be justified under any provision of law." The court also stated "Such kind of force can not be justified except in the cases of armed insurgency or warlike situation. Innocent farmers and villagers can hardly be put into the aforesaid bracket."

The court in its order directed the followings:

• The court directed the district administration to ensure that the unclaimed dead bodies are handed over to the appropriate authorities and the identified dead bodies are handed over to the lawful claimants after due legal formalities have been concluded, such as post mortem and inquest report, so that the relatives are able to perform the last rites of the deceased.

• The court directed the CBI to immediately send an investigating team to the strife -torn area and look into the circumstances that led to the police firing which claimed innumerable casualties in Nandigram. The CBI team is directed to immediately visit Nandigram and any other surrounding affected area and collect the entire relevant materials of firing by the police and combat forces to be presented before the court in the form of a report.

• The state government has also been directed to file an affidavit setting out the reasons for the police action which has been taken against the population of Nandigram by resorting indiscriminate firing by the police. The affidavit should also disclose the material on the basis of which the order for firing was issued.

• The court also directed that under no circumstances any evidence should be destroyed by any person and instructed the CBI to collect all evidence including the post-mortem conducted on the victims of the firing.

In view of the absolutely volcanic situation created, the court further directed the state government to ensure the safety and well-being of all the general public in the area. The state is also directed to take adequate measure to provide medical facilities to the injured villagers.


This blog doubts whether CBI probe could really expose the level of fascist brutality. Even if it does, will it be brought under the notice of the people?