Prophet Remark Row: Calcutta High Court Asks State To Prevent Untoward Incidents, Seek Help From Central Paramilitary Forces If Required

The Calcutta High Court on Monday sought the State government's response in a batch of Public Interest Litigation (PIL) petitions seeking deployment of central paramilitary forces in West Bengal amid the ongoing protests against offensive remarks made against Prophet Mohammed by now suspended BJP leaders. 

A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj underscored that the State authorities must ensure that no untoward incident takes place and further directed that the State should seek help from central forces in case they fail to control the situation.

"In the meanwhile we express hope that the State authorities will take all possible steps to ensure that no untoward incident takes place and peace is maintained. In case, the State Police is unable to control the situation at any place then State authorities will take immediate steps to call the central forces", the Court observed. 

The petitioners also sought for a probe by the National Investigation Agency (NIA) into the incidents of violence on the ground that such protests were allegedly 'pre-planned' in nature. 

According to reports, violence erupted at several places in Howrah district of West Bengal with protesters clashing with police personnel, setting kiosks, two-wheelers and several vehicles on fire. In Uleberia and Panchla areas, local BJP party offices were also set on fire allegedly by protesters who demanded action against former BJP spokespersons Nupur Sharma and Naveen Kumar Jindal. Due to the ongoing protests, Section 144 of the Criminal Procedure Code has been imposed in the affected areas and internet services have also been suspended.

Reportedly a group of people attacked and damaged a local train at Bethuadahari railway station in West Bengal's Nadia district on Sunday evening leading to suspension of train services on the Lalgola line. 

Seeking the State government's response to the batch of petitions, the Court record in the order,

At this stage learned Advocate General sought adjournment to file the report in the form of affidavit indicating the current situation in the State as also the steps taken by the State authorities to control the situation.

The Bench further directed the State government to consider looking into appropriate video footage to identify the miscreants responsible for the violence. The Advocate General was also instructed to consider the issue of grant of compensation to those who have suffered loss of property in the alleged incidents of violence and accordingly apprise the Court about the steps taken on the next date of hearing. 

The matter is slated for further hearing on June 15. 

Submissions on behalf of the petitioners 

Advocate Susmita Saha Dutta appearing for one of the petitioners apprised the Court that she had personally visited the affected areas in Uluberia and Panchal and had taken photographs of the magnitude of destruction.

She further contended that the perpetrators had forcefully entered into residential houses and had also set ablaze BJP party offices. It was further submitted that the State machinery has failed to control the violence and hence deployment of central forces is necessary. "If State machinery is not in a position to control the situation, let them take help of the Central forces", she remarked further.

The petitioners further sought directions to permit the NIA to investigate the incidents of violence by alleging that the 'national integrity' of the country is at stake. It was further prayed before the Court that the concerned authorities should be directed to identify the perpetrators who were responsible for blocking the NH-6 on June 9 for over 11 hours. It was also argued that heavy penalties must be imposed against the perpetrators for causing destruction to public property and also ensure deterrent action against them to curb the repetition of similar incidents. 

The Court was also apprised that there has been a complete failure of the State machinery in responding to the situation and that mere suspension of internet services shall not prevent such incidents of violence. Therefore, the deployment of central forces was vociferously prayed for. 

Submissions on behalf of the State government 

Advocate General S.N Mookherjee appearing for the West Bengal government submitted that the incidents of violence took place pursuant to the offensive remarks made by former BJP leaders Nupur Sharma and Naveen Kumar Jindal. He contended that the remarks had been accepted by everybody including the BJP party for being 'way out of line'. 

He argued further that such protests are not limited to the State of West Bengal but that similar protests have erupted in other States such as Uttar Pradesh, Delhi, Madhya Pradesh, Jharkhand, Rajasthan, Karnataka, Telangana among others. 

He also submitted that the protests were sudden and the State authorities were taken by surprise but they have registered 26 FIRs as on June 10 and arrested 240 persons and prohibitory orders have been passed and internet services suspended in Howrah and Beldanga, Rejinagar and Saktipur in Murshidabad District.

The AG also informed the Court that internet services have been suspended in the affected areas and that in the last 36 hours no such untoward incident has taken place except one incident wherein  a local train at Bethuadahari railway station in West Bengal's Nadia district was attacked and damaged on Sunday evening. 

Accordingly, he sought the Court's leave to file a report in the form of an affidavit on the next date of hearing pertaining to the steps taken to address the situation. 

Case Title: Niladri Saha v. State of West Bengal and other connected matters 

Case Citation: 2022 LiveLaw (Cal) 236

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