Kolkata: Holding that it cannot turn a blind eye to reports of vandalism in a few districts of West Bengal, the Calcutta High Court on Saturday ordered deployment of Central Armed Police Forces (CAPF) in Murshidabad district, which has been hit by violence allegedly linked to ongoing protests against the Waqf (Amendment) Act.
The court said this direction will not be limited to Murshidabad district only and “as and when required it should be extended to other districts faced with similar situation” and central forces may be deployed immediately to arrest the situation and bring normalcy.
“We cannot turn a blind eye to the various reports that have surfaced which prima facie shows vandalism in few districts of the State of West Bengal,” a division bench presided by Justice Soumen Sen said.
The court noted that apart from Murshidabad, incidents have been reported from Amtala in South 24 Parganas district, in North 24 Parganas district and at Champdani in Hooghly.
At least three people were killed in the clashes in Murshidabad and over 138 have been arrested in connection with the violence.
The central forces will operate “in cooperation” with the state administration, the bench directed.
“Constitutional Courts cannot be a mute spectator and embroil itself in technical defences when the safety and security of the people are at danger,” the bench, also comprising Justice Raja Basu Chowdhury, observed.
“Deployment of central armed forces earlier could have deescalated the situation as it appears adequate measures have not been taken in time,” the court said.
Holding that the situation is grave and volatile, the court said action has to be taken against culprits to arrest the atrocities committed on innocent citizens on a war-footing.
Maintaining that the duty of the court is to protect citizens, the bench said every person has the right to life and it is the responsibility of the state to ensure that the life and property of every citizen is secured.
“It is undeniable that there have been frequent instances of violence between communities at different parts of West Bengal and the disquieting situation prevailing till today cannot be ignored,” the bench observed.
The court also instructed the state government to submit detailed reports on the situation.
The matter is scheduled for further hearing on April 17.
A special bench comprising Justices Soumen Sen and Raja Basu Chowdhury was constituted by the Chief Justice to urgently hear a petition filed by Suvendu Adhikari, Leader of the Opposition in the West Bengal Assembly, seeking the deployment of central forces in the district.
Six companies of BSF have been deployed in strife-hit Suti, Dhuliyan and Samserganj areas of Murshidabad, the state lawyer told the court.
Adhikari’s lawyer, however, alleged that the BSF personnel were not being deployed properly to control the situation.
The bench heard the petition on a court holiday on Saturday considering the urgency of the situation.
His lawyer Soumya Majumdar submitted that the epicentre of the disturbance is the border district of Murshidabad and from there it has escalated to other parts in the state and a particular community has been targeted during the protests against the Waqf (Amendment) Act.
The petitioner also prayed for investigation into incidents of violence and arson at Murshidabad by the National Investigation Agency (NIA).
Appearing for the state, senior advocate Kalyan Banerjee submitted before the court that the situation was under control and that the state police was adequately dealing with it.
Opposing the prayers of Adhikari, he stated that senior officers and a large number of police forces were deployed in the affected areas.
He further claimed that the petition was politically motivated since it was made by Adhikari and another person owing allegiance to the opposition BJP.
