Report of Investigation Into Nandigram Mass Killings

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Association for Protection of Democratic Rights (APDR) and Paschim Banga Khet Majoor Samity (PBKMS) put forward a petition to the Kolkata High Court on 15th March 2007 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 from preventing them from reaching Nandigram to provide assistance to injured and deceased villagers. On 15th March 2007, a Division Bench of the High Court comprising Honourable Chief Justice S S Nijjar and Honourable Justice Pinaki Chandra Ghosh also took suo moto note of the incident. It also passed orders on the petition of APDR and PBKMS and reprimanded the state government stating ” it seems as if the Police Department which is under the control of the Home Department is not even aware of the existence of Article 21 of the Constitution of India…..This Article specifically guarantees that ‘no person shall be deprived of his life or personal liberty except according to procedure established by law’. Oblivious of the aforesaid guarantee, the police has resorted to gun firing on a large crowd protesting against the proposal to acquire their land.” Further, the order states “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.”

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