Ram Navami Violence| 'Pre-Planned' Attacks Could Have Been Averted If State Police Intelligence Had Been More Vigilant: Calcutta HC

The Calcutta High Court on Monday observed that pre-planned attacks during the Ram Navami Celebrations in the Shivpur area of the state could have been averted if the Police intelligence wing had been more little more vigilant.

With this, a bench of Acting Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya directed that the intelligence wing of the State police be strengthened and all steps be taken to avert any such pre-planned attacks or acts of violence that may be planned.

The bench observed thus while hearing a PIL plea filed by the Leader of the Opposition in the State Assembly and BJP MLA Suvendu Adhikari. Adhikari had moved the Court after the incidents of violence were reported from Howrah and Dalkhola districts during Ram Navami processions last week.

Essentially, during the hearing of the case on Wednesday, a counsel submitted before the Court that there is a modus operandi that is being adopted by anti-social elements that they throw stones from rooftops. This also happened even in the Howrah incident during the Ram Navami violence incident. He further suggested that it could be a pre-planned thing.

He also objected to the alleged inflammatory statements made by the CM of the State (Mamata Banerjee) accusing her of targetting persons belonging to a particular community.

Further, BJP leader and Lawyer Priyanka Tibrewal, appearing in a writ petition concerning the incidents of violence, also submitted that she was herself brutally hurt in a rally in Shibpur where despite Court's order, violence took place and stones were hurled. 

She also objected to CM Banerjee's statement as she submitted thus:

"She (CM) is saying it is the month of Moharram, and Muslims cannot do anything bad. It is upon you Hindus to ensure that they stay safe. Hindus should protect them. What does this mean? that you have divided the State between Hindus & Muslims? Such biased statements coming from the CM. This resulted in further violence." 

Regarding the statement made by the AG before the Court that Ram Navami and Hanuman Jayanthi celebrations have not been so common in Kolkata/West Bengal and that in the last five years, these celebrations have come in fashion, Advocate Tibrewal argued that such a statement can be made questioning someone's belief.

Further, when she questions as to whether if it is a fashion and people are on the streets can we stop them and whether the rules framed by the state will apply to processions of Muharram or Eid, the bench interjected and remarked thus:

"Obviously. Nobody has got a right. You are entitled to free movement and if that is going to be hampered, then the definitely State can put restrictions. The rules will apply to all rallies and processions."

Further, the Court observed that all these issues will be examined by the Court in the future hearings of the case as the immediate need was to pass appropriate orders for peaceful celebrations of Hanuman Jayanti, which is to be celebrated tomorrow.

Therefore, the Court went ahead to direct the state government to seek assistance from the para-military forces during the Hanuman Jayanti celebrations by making a request in this regard to the Union Home Ministry.

Importantly, during the course of the hearing, the Court also took note of a letter written to the HC Registrar by the Sessions judge from the Rishra area in the state informing that violence started near his residence and he sought help from the police, however, no help was offered to him.

In the letter, the Court noted, it was further stated that the Sessions Judge lives near a Lord Hanuman Temple and the anti-social elements are trying to target the said temple. He said he is not getting any help from the local administration.

Against this backdrop, the Court directed the state to look into this aspect of the matter and provide adequate security to the judges from sensitive areas so that they are able to freely discharge their public functions.

Also read| Hanuman Jayanti Celebrations: Calcutta High Court Directs State Govt To Seek Assistance Of Para Miltary Forces