Prophet Remark Row | Calcutta HC Seeks State's Response On Plea To Initiate Criminal Proceedings Against Nupur Sharma & Naveen Kumar Jindal

The Calcutta High Court on Monday sought the State government's response in a Public Interest Litigation (PIL) petition seeking initiation of criminal proceedings against suspended BJP leaders Nupur Sharma and Naveen Kumar Jindal over their derogatory remarks against Prophet Mohammad that led to an outrage in India and in Gulf countries. 

The plea also sought the recall of orders suspending internet services and imposition of Section 144 of CrPC in areas wherein protests broke out in Howrah district of West Bengal. Furthermore, the constitution of a Committee under the supervision of a retired Judge of the High Court was also sought to inquire into the excesses of law enforcement personnel in the affected areas. 

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. 

Furthermore, the Kolkata Police on Monday summoned suspended BJP spokesperson Nupur Sharma for questioning in connection with her controversial remarks on Prophet Mohammad. She has been asked to appear at Narkeldanga Police Station on June 20 to record her statement. 

The PIL filed by practicing Advocate Masum Ali Sardar through advocate Jhuma Sen averred, 

"For that not only the petitioner and his community but also a large section of sensible people of other communities of the state expected that the Government, both at the Centre as well the State, would rise to the occasion and take appropriate action against those who had deliberately and publicly acted in a sacrilegious manner so as to humiliate the Prophet."

Thus, the petitioner sought for the initiation of criminal proceedings against the suspended BJP leaders under Sections295A, 298, 153 and 153A of the Indian Penal Code, 1860.  

The plea further highlighted an incident that allegedly took place on June 10 wherein a peace march organised by a Muslim religious group together with a section of sensible and law abiding citizens on NH-6 had been disrupted by a group of provocateurs chanting filthy slogans in the name of "Bhagwan Ram" with a deliberate aim to provoke communal tension. 

It was further alleged that the Rapid Action Force deployed by the police authorities had reportedly entered into the Muslim localities in particular, and dragged out innocent citizens, particularly the youth from their respective houses, who were then mercilessly beaten up and thereafter, taken into custody.

"The arbitrary acts of arrests and detention of ordinary citizens has created a panic in the said localities", the plea contended further. 

The Court was also apprised that due to the suspension of internet services vide order dated June 10, there is a complete suspension of emergency service. A prayer was also made to direct the respective Commissioners of the two sub- divisions of Howrah district to take appropriate action for inaction or overt acts committed by the concerned Police Stations under their jurisdiction.

A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj directed the State government to file a report in the form of affidavit responding to the plea before the next date of hearing which is slated to take place on June 15. 

Issuing a common order with respect to other PILs filed, the Court also 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.

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.

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

Case Title: Masum Ali Sardar v. State of West Bengal & Ors and other connected matters 

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