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

The Calcutta High Court vide order dated June 15 has reiterated that the State authorities must assess the ground situation and take steps to deploy central paramilitary forces if the need arises before any loss of life or property takes place.

A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj was adjudicating upon 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.

The Court had earlier 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.

Pursuant to a perusal of the rival submissions on Wednesday, the Court ordered, 

"Having regard to the apprehension which have been expressed, we direct the State authorities to assess the ground situation in advance and take steps to call for the Central Forces in terms of earlier directions in case if the need so arises, before the situation goes out of control or before any loss of life or property takes place."

The Court further stated that the State authorities must take all possible preventive steps to ensure that no such incident takes place. The State authorities were also directed to expeditiously collect video footages and take action against the miscreants in terms of Sections 15A, 15B and 15C of the West Bengal Maintenance of Public Order Act, 1972

During the proceedings on Wednesday, the Chief Justice underscored the need to maintain communal harmony by orally observing while 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"

The petitioners apprised the Court that in the name of peaceful gathering, provocative slogans are being raised and that innocent people are being implicated vide registration of FIRs against them. Furthermore, it was also submitted that 'on a particular day of the week' organised violence may take place again and that in order to control such eventuality Central Forces should be called and the State authorities should not wait for the occurrence of any untoward incident. 

Advocate General S.N Mookherjee appearing for the State government informed the Court that the State authorities are collecting the video footages to identify the miscreants for the purpose of taking action against them. He has also submitted that in last 48 hours no untoward incident has taken place. 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.

The Advocate General also referred to Sections 15A, 15B and 15C of the West Bengal Maintenance of Public Order Act, 1972 as amended by the West Bengal Maintenance of Public Order (Amendment) Act, 2017 to contend that the State government shall be taking action to impose collective compensation against the perpetrators of violence. 

Seeking a further status report from the State government, the Court adjourned the matter for further hearing to June 27. 

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

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

Case Citation: 2022 LiveLaw (Cal) 241

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