Prophet Row | 'Maintain Communal Harmony': Calcutta High Court Reserves Order On Deployment Of Central Forces, NIA Probe Into Violent Protests

The Calcutta High Court on Wednesday reserved orders 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 former BJP spokespersons Nupur Sharma and Naveen Kumar Jindal.

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

A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj on the last date of hearing had 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 on Wednesday took on record the report filed by Advocate General S.N Mookherjee on behalf of the State government indicating the steps taken by the State authorities to control the situation. 

The Court was apprised that public properties have been damaged in these sporadic incidents of violence but that the State authorities have been prompt to take action against the miscreants. The Advocate General submitted that in the Howrah Police Commissionerate between 9th to 10th June, 17 FIRs have been lodged and 99 arrests have been made. 

It was also averred that in the district Howrah rural, between 9th to 10th June, 9 FIRs have been lodged and 38 arrests have been made. The Advocate General also informed the Bench that prohibitory orders and orders for suspension of internet services have also been issued and that confidence building measures have been undertaken by the concerned authorities. 

In the Murshidabad district, between 11th to 13th June, 5 FIRs have been lodged and 18 arrests have been made. Whereas in the Diamond Harbour district, 1 FIR has been lodged and 17 arrests have been made, it was averred further. 

The Bench was further apprised that the State authorities are looking at video footage to identify the perpetrators as per the prior directions of the Court. Reliance was also placed on the Supreme Court decision in In Re: Destruction of Public & Private Properties v. Govt of A.P wherein guidelines have been framed for the grant of compensation for damage to public and private properties. 

Per contra, the counsels appearing for the petitioners submitted that there has been a complete breakdown of the State machinery and that such incidents of violence are likely to take place again. The petitioners further prayed before the Court that a direction should be issued to halt any religious and political processions in the meantime. Emphatic submissions were also made to deploy central paramilitary forces on the ground that there has been an utter intelligence failure and that the State police authorities have been mute spectators. 

The Court was also apprised that BJP leaders have been illegally detained by the police authorities on the National Highway and thus the Court's intervention in this regard was also sought by the petitioners. 

During the proceedings, underscoring the need to maintain communal harmony, the Chief Justice orally remarked addressing all the counsels, 

"You are all the leaders of the Bar, the parties to whom you are representing at least convey it to them that they must maintain communal harmony. They should avoid such untoward incidents, at least you can convey it to your parties, the clients to whom you are representing, other issues we will look into. We are considering it"

Furthermore, addressing the Advocate General, the Chief Justice remarked while echoing the concerns of the petitioners, "What they say is that they are apprehending that again on a particular day it may happen". 

In response, the Advocate General submitted that as per the Court's previous order, the State will bring in the central forces of the situation goes out of hand. He further averred that it is a settled law that the discretion lies completely with the State authorities as to whether deployment of central forces is required or not. 

Accordingly, the Bench observed that it would consider all issues and pass orders. It was also clarified that the matter would not be disposed of. 

Background 

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 protests, Section 144 of the Criminal Procedure Code was imposed in the affected areas and Internet services were also temporarily suspended. Incidents of violence were also reported in Nadia and Murshidabad districts. 

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.

Also Read: Prophet Row | Calcutta High Court Asks WB Govt To Assess Ground Situation, Call For Central Forces Before Situation Goes Out Of Control

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

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

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