Calcutta High Court Calls For State's Report On Plea Over Alleged Communal Violence, Expresses Surprise At LoP Appearing As Petitioner In PILs

The Calcutta High Court on Wednesday called for the state's report on instances of alleged communal violence which have taken place in Kolkata's Rajabazar area, resulting in the alleged targeting of those belonging to the Hindu and Sikh communities. 

A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya heard the plea moved by Leader of Opposition and BJP MLA Suvendu Adhikari.

It was submitted by the counsel for the petitioner that there were huge mobs which had gathered at the Rajabazar area during the puja celebrations and members of a particular community were engaged in attacking those belonging to the Hindu and Sikh communities and desecrating the puja pandals and temples.

It was argued that stones were pelted and bombs were thrown. Counsel prayed that the plea be transferred to the National Investigating Agency (NIA) due to the use of explosive substances.

On a query by the Chief Justice about why these occurrences were not reported in the newspapers, counsel claimed that journalists reporting on the issue were being arrested and had their bank accounts frozen, etc.

Advocate General appearing for the state submitted that the entire issue was one between two individuals, which had escalated into mob violence, due to the use of a sword and firearm by the aggressor.

It was further argued that while politicians were not prohibited from filing PILs, the court must be circumspect while viewing a plea by those who were engaged in criticising the state government on a daily basis. It was argued that in such scenarios, these pleas could be used for political mileage.

"We had earlier said that the first petitioner (Adhikari) should not exhaust himself. He holds a very responsible position. It is very surprising for me to see the leader of opposition as a petitioner. Usually it is the head of the party's legal cell or something like that," the Chief Justice observed.

Accordingly, the Court directed the State to file a response on the plea and kept it for hearing on 19th November.

Case: Suvendu Adhikari v State of West Bengal

Case No: WPA(P)/466/2024