“Call central forces if State police can't control situation”: Calcutta High Court directs State Govt in plea(s) over violence in West Bengal

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A division bench of Calcutta High Court headed by Chief Justice Prakash Shrivastava on Monday directed the West Bengal State authorities to take immediate steps to call the central forces if the State police is unable to control instances of violence.

The above observation was made in a batch of writ petitions filed by different persons, arising out of the incidents of violence that took place in the State as a result of the alleged remark made by Nupur Sharma pertaining to Prophet Mohammad.

One of the pleas claimed that the police was standing as a mute spectator as the BJP party offices had been burnt, thus it urged the court to pass directions to deploy paramilitary forces. Another plea claimed that the National Highway No.6 was blocked for several hours and there was a complete failure of the State Police in responding to the situation. It further alleged that there was a complete failure of State Intelligence and argued that suspension of the internet does not prevent such activity.

In this background, it was submitted that State is not in a position to control the situation, therefore, Central Force should be deployed.

According to the order, the Advocate General for the State submitted before the court that the incident took place because of the unfortunate remarks made by two persons. He has argued that similar protests are going on in other states like Uttar Pradesh, Delhi, Rajasthan, Madhya Pradesh, Telangana, and Jharkhand.

The AG has also informed that sudden protest took place, therefore, State Authorities were taken by surprise. He apprised the court that the State has registered 26 FIRs as of June 10 and have arrested 240 persons. Prohibitory orders have also been passed and internet services were/have been suspended in District Howrah and Beldanga, Rejinagar, Saktipur in Murshidabad District, he told.

Court was further informed that no untoward incident took place in the last 36 years except the incident of Lalgola Express. However, Court adjourned the matter as the  Advocate General sought time to file the report in the form of an affidavit indicating the current situation in the State and the steps taken by the State authorities to control the situation.

While adjourning the case, Court ordered that the State authorities will take all possible steps to ensure that no untoward incident takes place and peace is maintained. Court also asked the State to take steps to call central forces if the State police cannot control instances of violence.

The state has been further directed to collect the video footage of the incident so that the miscreants can be identified and appropriate action can be taken against them. The Advocate General has been asked to take a clear stand of the State on the issue of grant of compensation to those who have suffered loss of property in the untoward incidents.