The Calcutta High Court on Tuesday directed the West Bengal government to utilize central armed police forces in Murshidabad district's Beldanga area to prevent recurrence of violence.
According to news reports, violence broke out in Beldanga last week after the body of 30-year-old Alauddin Sheikh, a resident of Sujapur Kumarpur in Murshidabad, was brought to his native village from Jharkhand. Sheikh was allegedly murdered in the neighbouring state.
Following the violence, the police registered four First Information Reports (FIRs) and arrested at least 30 people. The protestors had blocked the national highway and also attacked a news reporter.
The division bench of Chief Justice Sujoy Paul and Justice Partha Sarathi Sen today observed that life, liberty and dignity of citizens in Beldanga and Murshidabad was in danger.
"In our considered view, the repeated incidents and recurrence of violence in the said district is certainly worrisome. Immediate and effective measures are required to ensure life, liberty, dignity and property of citizens in the said district, including Beldanga," the Court observed.
Considering the diametrically opposite stands of Union government and State government on deployment of central forces in the district, the Court passed the following directions,
1. It shall be the duty of the Superintendent of Police of Murshidabad and the District Magistrate of Murshidabad to ensure that life, liberty and dignity of persons as well as property is not put to jeopardy by anyone. All efforts shall be taken to ensure normalcy in the area.
2. The State shall utilize the central armed forces already in Murshidabad to ensure that no such recurrence takes place. Intelligence inputs may be taken to ensure that there is no repetition of such incidents.
The Court also observed that it will be open for Central government to consider investigation by National Investigation Agency (NIA) into the Beldanga incident.
The directions were passed on a plea by Bharatiya Janata Party (BJP) leader Suvendu Adhikari.
Adhikari moved the Court by way an application in an already pending PIL relating to the violence that had occurred in Murshidabad last year.
He sought deployment of central forces in Beldanga and also prayed for a direction for NIA probe into the case.
Senior Advocate Billwadal Bhattacharyya, representing Adhikari, today submitted that central forces were not being utilized by the State government despite their presence in the district.
He alleged that there were premeditated attacks on Hindus in the area.
"These targeted attacks on Hindus should be prevented," he said.
Bhattacharyya submitted that State government ought to have utilized the central armed forces and that Central government also should have examined the need for the same.
"If the State is reluctant, Central government be directed to deploy forces to prevent these religious riots. Considering the sensitive location of the district which shares border with Bangladesh and how Hindus are being struck again and again, NIA be directed to takeover," he added
Senior Advocate Kalyan Bandopadhyay, appearing for the State government, apprised the Court about the steps taken to control the situation.
He said five companies of central armed forces were deployed to control the situation.
"We have taken assistance of central armed forces. If more is required, we will make request," Bandopadhyay added.
However, Additional Solicitor General (ASG) Asok Kumar Chakrabarti said the Border Security Force (BSF) present in the area was used only for about two hours on 16th and 17th.
"Not patrolling 24 hours. There are five companies. Only one company is used," he said.
Chakrabarti added that there was recurrence of violence in the Beldanga, adding that all the five companies of Border Security Force (BSF) present there should be utilized for entire 24 hours.
He argued that the Constitution allows Central government to deploy its forces in a disturbed area, independent of any requisition by State government.
In rejoinder, Bandopadhyay challenged the submission that central armed police forces were not being utilized.
"It seems Central government is fighting with State government," he said.
Bandopadhyay also argued that the Leader of Opposition had filed a Political Interest Litigation (PIL) and not a Public Interest Litigation (PIL).
"It seems he wants to make it political and create divide between two religions," the senior counsel added.
Bandopadhyay also submitted that situation was normalized and there has been no incident since January 17.
"If it is required, why only five [BSF companies]? We will requisition more companies. This is our stand. They are my citizens first. I know how to protect. I can't get protection from political attacks," he added.
The matter be will be heard next after four weeks. State and Central governments have been asked to file their counter affidavits within 15 days.