The Calcutta High Court on Saturday ordered the deployment of Central Armed Forces in Murshidabad, West Bengal, after violent protests against the Waqf Amendment Act resulted in the death of at least three people.
A Division Bench of Justices Soumen Sen and Raja Basu Chowdhury observed that the situation had spiraled out of control due to the State government’s failure to act in time, and immediate intervention was required to bring the violence under control.
“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 deployment of Central Armed forces earlier could have de-escalated the situations as it appears adequate measure have not been taken in time,” the Court said.
COURT DIRECTS DEPLOYMENT IN COOPERATION WITH CIVIL AUTHORITIES
The Court ordered that the Central Armed Forces operate in coordination with the civil administration in Murshidabad to restore law and order.
“Accordingly, we direct, the deployment of Central Armed Forces in district Murshidabad who shall operate in the District in co-operation with the civil administration so that the situation which has necessitated the deployment of the armed forces is effectively dealt with and normalcy is restored.”
It further clarified that this order is not limited to Murshidabad and may extend to other districts facing similar unrest.
“This direction, however, shall not be limited to the district of Murshidabad, and as and when required it should be extended to other districts faced with similar situation in which case the Central Forces may be deployed immediately to arrest the situation and bring normalcy.”
PIL FILED BY BJP LEADER SUVENDU ADHIKARI AND LAWYER TARUN JYOTI
The Court’s order came in response to a Public Interest Litigation (PIL) filed by BJP leader and West Bengal Assembly opposition leader Suvendu Adhikari along with lawyer Tarun Jyoti, who argued that the situation demanded intervention by Central Forces to prevent further escalation.
STATE GOVERNMENT OPPOSES MOVE, CITES ARRESTS AND BSF DEPLOYMENT
The West Bengal government, represented by Senior Advocate Kalyan Bandyopadhyay, opposed the PIL, arguing that it was politically motivated. The government informed the Court that 138 arrests had been made and that six companies of the Border Security Force (BSF) had already been deployed to support local police.
However, the Court found these measures inadequate.
“There is internal disturbance in some districts of the State,” the Bench observed, before directing the deployment of Central Forces.
COURT SEEKS DETAILED COMPLIANCE REPORT BY APRIL 17
The Court has asked the State government to file a comprehensive report on the steps taken to implement the order.
“The interim arrangement shall continue till 17th April, 2025. All the parties may file their affidavits in the meantime. The matter is made returnable on 17th April, 2025,” the order said.
LEGAL REPRESENTATION IN COURT
PETITIONERS’ COUNSEL:
Senior Advocates: Soumya Majumder, Billwadal Bhattacharya
Advocates: Kaustav Bagchi, Anish Kr Mukherjee, Suryaneel Das
STATE GOVERNMENT:
Senior Advocate: Kalyan Bandyopadhyay
Advocates: Anirban Ray, Arka Kumar Nag, Debangshu Dinda
CENTRAL GOVERNMENT:
Advocates: Nilanjan Bhattacharjee, Siddhartha Lahiri
