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Synopsis

The Supreme Court today came down heavily on Advocate Shashank Shekhar Jha, who appeared in person to argue a writ petition seeking the constitution of a court-monitored Special Investigation Team (SIT) to probe alleged incidents of communal and political violence in West Bengal following the enactment of the Waqf (Amendment) Act, 2025.

The Bench of Justice Surya Kant and Justice NK Singh expressed serious concern over the nature of averments made in the petition.

When Jha sought to tag the matter with a connected petition listed for hearing on Tuesday in Court No. 2, the bench refused to do so, noting that the issues raised required independent examination.

Justice Kant questioned the quality and source of information relied upon by the petitioner, particularly asking whether any independent research had been conducted on the claims of mass migration due to violence.

“These averments, on the face of it, are very... Please don’t be in so much hurry. Don’t just seek publicity. Think with a cool mind. We respect every citizen who wants to come to us; they are welcome, but with a sense of responsibility. Be careful about your averments,” remarked Justice Kant.

Further, the bench observed that serious allegations had been made without impleading the concerned individuals or parties, thereby raising concerns of natural justice and procedural fairness.

The Bench asked, "The people you have mentioned in the petition are not even made party. Can we accept these allegations? How will they defend themselves? How can we examine behind their back? File a proper petition. Help us in doing justice to those who are voiceless."

Subsequently, Jha sought permission to withdraw his petition, with liberty to file a fresh amended one. 

The Court permitted Jha to withdraw the plea with liberty to file a fresh, amended petition containing more accurate, verified, and legally tenable particulars. 

The writ petition was accordingly dismissed as withdrawn.

About the Petition

The petition, filed through Advocate Shashank Shekhar Jha, urged the Apex Court to safeguard the integrity, sovereignty, and unity of the nation and to uphold the fundamental rights of citizens, particularly under Articles 14, 19, 21, and 25 of the Constitution.

The petitioner alleged a complete breakdown of law and order in West Bengal, citing multiple incidents of assault, arson, and communal targeting, particularly against members of the Hindu community. The plea highlighted that the violence erupted in the aftermath of the passage of the Waqf (Amendment) Act, which repealed the Mussalman Wakf Act, 1923, and amended the Waqf Act, 1995.

The Act was passed by the Lok Sabha on April 3, 2025, with 288 ayes to 232 noes and later cleared by the Rajya Sabha on April 4, 2025, following which it received Presidential assent on April 5, 2025.

According to the petition, protests against the legislation soon turned violent, with mobs engaging in riots, torching vehicles, vandalizing public and private property, and obstructing transportation networks. It is alleged that more than 500 members of the Hindu community were forced to flee their homes amid threats and attacks based on their religious and political affiliations. Specific incidents cited include mob violence on April 8 on National Highway 12 in Jangipur, Murshidabad, where police vehicles were torched, and inflammatory slogans rejecting the Constitution of India were raised. The petition also points to repeated disruptions of railway services, particularly in Nimtita and Malda, and the pelting of stones on public transport.

Violence escalated further with reports of police injuries, destruction of ambulances, and attacks on the Border Security Force (BSF). Eastern Railways confirmed that over 5,000 people had blocked tracks in Murshidabad. Disturbing reports also emerged of sexual threats made against Hindu women in Malda in exchange for the safety of their families.

The petition named several high-profile individuals, including State Minister Siddiqullah Chowdhury, who allegedly incited crowds and threatened large-scale blockades in protest against the Waqf law. Social media posts and media reports have been submitted as annexures to support the claims, along with press releases and statements from government and railway officials.The petitioner urged the Hon’ble Court to take immediate cognizance of the law-and-order failure, ensure the safety of displaced individuals, and direct appropriate investigation and accountability mechanisms. No similar petition on the subject is currently pending before the Court.

The prayers sought in the petition: 

1. Issue a Writ, Order, or Direction in the nature of Mandamus or any other Constituting a Court-monitored Special Investigation Team (SIT) to investigate the ongoing incidents of communal and political violence in West Bengal;
2. Issue a Writ, Order, or Direction in the nature of Mandamus or any other Seek an explanation from the Respondents as to the failure of the law-and-order machinery and direct compensation and rehabilitation for victims;
3. Issue a Writ, Order, or Direction in the nature of Mandamus or any other ensuring protection of life and liberty of those currently being affected and prevent further escalation;

Case Title: Shashank Shekhar Jha v. State of West Bengal [Diary No. 20020/2025]