Alarmingly, the judiciary is emerging as the last appellate authority for important segments of people in this third most populous state in India, given the elected government’s abysmal record in providing minimum relief and security.

A few days ago, the Calcutta High Court took the state government to task for its failure to assist a private company (ABG) operating at Haldia Port. Authorities of the company had dismissed some 250 employees as the volume of work shrank. The TMC affiliated Employees’ Union led by local MP Subhendu Adhikary, began disrupting work, heckling and threatening company officials. Loading and unloading were affected. The State police did not respond to the company’s complaints.

Even as incoming ships avoided Haldia and headed for other ports in Orissa, resulting in large losses of revenue, Chief Minister Mamata Banerjee informed a public meeting that “all was well.” Normal work was on. “‘Conspirators’ (read ‘dissenters,’ in Trinamool Congress lexicon) in the press were trying to malign the shining image of the state government,” she thundered.

The company moved to High Court, which asked the Government to explain its stand. The Government’s response was curious. It declared that it had no jurisdiction within the port and dock area, as the Port authority was in charge. Also, the CISF personnel were looking after law and order within the Port area.

Clearly, questions of constitutional authority were involved here. The judges asked what would happen if a murder occurred within the port/dock area. The CISF had no powers to make arrests or investigate. How could the state government duck its administrative responsibility?

The Court called for an immediate ATR on the situation from the local District Magistrate and the Police Superintendent, overriding and superseding the constitutional powers enjoyed by the Chief Minister and the elected State government.

Amazingly, no one in the government protested even verbally against this unprecedented supersession of the powers enjoyed by an elected government and its local executive arm. The judges also ordered the state police to clear the port/dock area of all unauthorized persons and ensure that the company’s operations were not disrupted.

Undeterred, disgruntled employees of the TMC Union then put up four makeshift camps off the port area and continued to prevent the company’s workers to report for work at the berths through intimidation and road blocks. It was a menacing replica of the Singur type of agitation, which had in 2007 forced the Tatas to abandon their Nano small car project.

That decision had robbed the state of an investment of around Rs 1500 crore and the loss of at least 3000 jobs! At Haldia, the workers’ demand was the unconditional reinstatement of the 250 dismissed workers, and to hell with the company’s arguments.

Meanwhile, the state government indicated that it would cost the company at least Rs 17.5 lakhs to maintain security by posting police pickets, according to the High court Directive.

Alarmed, the Chamber of Commerce spokesmen pointed out that the ailing port was incurring huge losses. It would send the worst kind of signal to investors if a company, in trouble because of labour agitations, had also to cough up more money for its own security, while the State Government refused to co-operate or help! But neither the Chief Minister nor the local MP would talk to the press about the situation at Haldia, let alone with the company representatives. Apparently, it was of no concern to TMC rulers if companies working here were forced to leave in droves because hooliganism and muscle power.

This scorched earth approach towards securing new investments and attracting industries has already devastated West Bengal’s economy. Economist Suman Mukhopadhyay points out that during the months that the TMC has been in power, West Bengal has received new investment proposals to the tune of Rs 2500 crore. Meanwhile, Orissa has secured promised investment of around Rs 51,000 crore and Jharkhand, over Rs 25,000 crore, during the same period. Clearly, the Singur agitation had cost the state, with its 7 million registered unemployed, dearly. Still more alarmingly, the state has not learnt anything from the Singur debacle. Its Chief Minister took pride in telling the world that “I am rigid and I know it.” Period.

At Haldia, the state government and the ruling TMC are apparently hell bent on demonstrating that even the judiciary cannot help anyone unfortunate enough to be at the receiving end of their collective wrath. If in the process the state’s economy is ruined, it does not matter at all! Ms Banerjee’s contempt for the judiciary was amply exposed on a day when she, taking refuge in the protection of the state Assembly, had said that “judgements are delivered for money.” She added that she was willing to face jail for saying this. A contempt case against her is currently pending.

During her short, stormy tenure so far, Ms Banerjee has opened too many fronts, as Chief Minister. Her running battles are now against the Congress (I), the CPI(M), the BJP(on paper), the Maoists, the media, private transport operators, workers of the government transport corporations and now, the judiciary — and this is by no means a comprehensive catalogue of her targets !

“She will never forgive the judiciary for her miserable defeat in the Singur case,” says a senior party loyalist, adding, “It is also clear that she is not served by the best legal brains, either.”

There may be something in this. It is not only the Singur case. The Supreme Court has questioned why the Chief Minister will not be questioned over her controversial appointment as the chief medical adviser of a person whose record is shaky at best, overruling a High Court directive. The High Court has turned down a government proposal to reduce the terms of elected functionaries in 24,000 odd co-operative institutions and offices in the state from five years to three only. The objective was to replace men elected during the Left Front regime’s tenure. It also ordered a halt to procedures launched by the state government, to reopen and investigate the Sain brothers murders in Burdwan in 1970. An inquiry commission had already conducted a probe into the tragic incident.

The irony is that, as with the High Court Division bench verdict in the Singur case, the state Government has lost most cases on procedural or technical grounds. This clearly suggests careless planning, poor preparation and a lack of even routine procedural knowledge, on part of the legal luminaries assisting West Bengal government.

In addition, the Human Rights Commission had pulled up the state Government for the arrest and harassment of Professor Ambikesh Mahapatra for the “crime” of forwarding a cartoon on e-mail, lampooning the Chief Minister. The commission also sought an explanation from the government on the arrest and harassment of Shiladitya Choudhury in Midnapore district, who had asked a question of the Chief Minister at a public meeting. For this, she condemned him as a Maoist and had him arrested. The poor villager spent 15 days in custody before he could be set free.

All told, her relationship with the judiciary, the media, or trade and industry is at a very low point. Whatever the reasons, eventually it is the people of this unfortunate state who have to pay a heavy price for the stubbornness of their elected Chief Minister. It seems the ‘brain death disease’ has claimed other victims in India, apart from Congress(I) leaders, as alleged by TMC circles.

The TMC’s problems with governance, feel observers, do not begin or end with the hostile interventions of the judiciary. Its performance in other areas of administration is equally dismal. The state now heads the country in the number of rapes committed, the extent of early school dropouts, the number of jobless, the worst transport system and roads (to the point where tourists now cancel their bookings!), a health system that has broken down, an almost total stoppage in investments — the list is too depressing. Unlike other states, there is not the slightest indication that those who rule the state are about to address, let alone solve, any of these problems.

It seems they do not intend to govern, but would like to agitate eternally against anyone and everyone, even over imaginary causes! Perhaps too long a tenure in the opposition has contributed to such a barren, negative mindset as displayed by the present Chief Minister. It is not necessary to mention her “team”, because there isn’t one. (IPA Service)