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Synopsis

While hearing a plea seeking imposition of President's Rule in West Bengal in view of the recent Murshidabad violence, the Supreme Court of India on Monday, April 21, remarked that it was already facing allegations of encroaching on the executive.

The matter was mentioned today before a bench comprising Justices B.R. Gavai and Augustine George Masih by Advocate Vishnu Shankar Jain seeking immediate deployment of paramilitary forces in West Bengal.

Appearing for the petitioners, Advocate Vishnu Shankar Jain went on to inform the court that he had filed an additional application seeking implementation of Article 355 of the Constitution.

While refusing an urgent hearing in the matter, Justice Gavai said, "You want us to issue a mandamus asking the Union?" further adding that the court was already facing allegations of encroaching on the executive. 

These observations by the top court come at a time when the Vice President of India and Rajya Sabha Chairman Jagdeep Dhankhar recently questioned a Supreme Court judgment. The Vice President expressed concern over judges assuming roles meant for the executive and legislature. “So we have judges who will legislate, perform executive functions, act as super Parliament, and have absolutely no accountability because the law of the land does not apply to them,” he had remarked.

Notably, the plea filed by West Bengal residents Devdutta Maji and Mani Munjal has highlighted incidents of violence against Hindus in the state from 2022 to April 2025.

Further seeking an investigation into the recent violence, the petitioners have called for the formation of a three-member committee headed by a former Supreme Court judge.

The matter was subsequently listed for hearing on 22.04.2025.

Case Title: Ranjana Agnihotri v. Union of India, W.P.(C) No. 614/2021