High Court Orders SIT Probe Into Ekbalpore-Mominpur Communal Violence In Kolkata, Asks State To Compensate & Rehabilitate Victims

The petitioners had approached the Court alleging that the State Police administration remained silent spectators to the communal violence that erupted in the Ekbalpore-Mominpur area of Kolkata on the eve of Laxmi Puja. It was their case that since the incident involved throwing of bombs in the locality, requisite steps should have been taken as per the provisions of the National Investigation Agency Act, 2008 ('NIA Act'). They stated, however, that no steps were taken to protect the life and property of the members of the Scheduled Caste community who were severely affected by the riot, nor was adequate compensation given to the victims.

Accordingly, the petitioners prayed for the deployment of the Central Para Military Forces for maintaining peace in the aftermath of the violence, and for the transfer of the investigation of the crimes to the NIA, alleging the inefficiency of the State Police to investigate the matter in a fair manner.

The Court looked at preliminary reports filed before it and noted that five criminal cases had already been registered over the incident under the Explosive Substances Act, 1908 and the Arms Act, 1959, the investigation of which cases was in progress. The Court also noted that as per the preliminary report, 42 persons were arrested, 15 live bombs, 4 crude bombs and various other weapons had already been seized, and that Section 144 of the Code of Criminal Procedure, 1973 was promulgated in the area.

Justices Apurba Sinha Ray and Joymalya Bagchi observed that as per Section 6 of the NIA Act, it was for the Central Government to decide whether a given case may be investigated by the NIA, keeping in mind the gravity of the offence and other relevant factors, and that it was not for the Court to answer that in the first instance. However, noting the criminal cases related to communal disharmony between communities, the Court ordered for the formation of an SIT comprising experienced police officers and headed by the Commissioner of Police, Kolkata, to probe into the matter.

The Court also ordered that the SIT so formed shall conduct the investigation effectively and efficiently, taking all the necessary and prompt steps for preservation and analysis of electronic evidence including video footages of the incident and for apprehension of the perpetrators. In a welcome step, the Court additionally ordered the State Government to ensure that communal harmony in the area is restored and all ameliorative measures are undertaken to instil feelings of harmony and fraternity amongst all sections of the society.

"It is also necessary that the victims of crime are promptly and adequately compensated for the loss suffered. State shall take necessary steps in the matter. If inhabitants of the locality have been displaced due to the communal disharmony, the government shall take immediate steps for their repatriation to the locality," said the Bench.

The matter has now been listed for November 14.

Case Title: Nabendu Kumar Bandyopadhyay v. State of West Bengal and Others

Case No: WPA (P) No. 528 of 2022

Citation: 2022 LiveLaw (Cal) 325 

Coram: Justice Apurba Sinha Ray and Justice Joymalya Bagchi

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