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Calcutta High Court raps West Bengal government for inaction in Tapas Pal case

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The Calcutta High Court has rapped the West Bengal government for not taking any action against Trinamool Congress (TMC) leader and MP Tapas Pal for his controversial 'rape and murder' remarks that created nationwide furore.

Justice Nishita Mhatre, who is hearing the matter afresh after a division bench of Justice Girish Chandra Gupta and Justice Tapabrata Chakraborty delivered a split verdict on it, wondered aloud if the MP was enjoying special privilege for being part of the ruling regime. This stinging observation is further likely to increase embarrassment for the TMC, which is already under pressure for the alleged links of many top leaders to the Saradha chit fund scam. 

The judge was hearing the Mamata Banerjee government’s appeal against a single-bench order of Justice Dipankar Dutta for a CID probe into Pal’s speech, which was followed by a split verdict by a division bench. In his speech, Tapas Pal had threatened to murder CPIM activitists and said he would unleash his boys to rape women. After much public pressure, Pal tendered an unconditional apology and the TMC said the matter was closed. However the court is not taking the matter so lightly. 

Justice Mhatre asked government counsel Kalyan Banerjee why the state had not taken any action on his remarks. She remarked that if prominent people of the society influence the police, where will the common people go? Justice Mhatre further said governments should be impartial. She reprimanded Kalyan Banerjee, who is also a TMC MP, saying, "You are representing state. You have to be impartial." She further said it looked like the state had already made up its mind that this was not an offence. Kalyan Banerjee argued feebly that they thought this is not a cognisable offence. Justice Mhatre then said that if it was not an offence, why did Tapas Pal tender an apology?

The government counsel said that they hadn't yet received video footage of the speech. But the court refused to pay much importance to this reason, saying the state police could have asked any TV channel for the footage. Referring to Jadavpur University professor Ambikesh Mahapatra’s arrest for circulating mocking emails of Chief Minister Mamata Banerjee, Justice Mhatre questioned why the police chose to be a mute spectator on this occasion. Justice Mhatre turned down a plea of Pal’s counsel, Kishore Dutta, to adjourn the hearing as his client was ill. “My client is seriously ill. He suffered a cerebral attack recently". But the court decided that normal proceedings will continue. The next hearing will be on Thursday. The court also pointedly asked why different top officials were taking such a long time to proceed in this case.

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