Ram Navami violence was prima facie pre-planned: Calcutta High Court reserves order on PIL for NIA probe

The Calcutta High Court on Monday said that the violence that broke out during the recent Ram Navami processions in Howrah and Dalkhola were on the face it, 'pre-planned', and that there was a failure of intelligence on part of the State Police [Suvendu Adhikari v. State of West Bengal]..A Division Bench of Acting Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya reserved its order on a plea filed by Leader of Opposition (LoP) Suvendu Adhikari seeking a transfer of the probe into the violence to the National Investigation Agency (NIA). "Internet suspension usually takes place when there has been an external danger or infiltration etc. But for a religious procession, we don't understand why (internet was suspended). Sudden violence is when people are walking and there is an altercation etc. But your (State's) reports prima facie show these (violence) were all pre-planned. There are allegations of stones being hurled from rooftops. Obviously it is not possible for anyone to take stones up to the rooftop within 10 to 15 minutes," the ACJ observed. .The Court pointed out that the problem was two-fold. "One is there is tension between two groups. The other is a third group is taking advantage of the enmity between these two groups. This needs to be probed. We believe a central agency can probe this aspect better. We need to identify this outside source. Somebody would have set the fire, set the ball rolling, so to identify that source, unless there is a central agency you cannot probe," the ACJ added. It further noted that measures were taken to disburse the crowd from the site, which included tear gas shells, pellet guns etc. It also took into account the damage caused to vehicles. "This shows that it was a large scale violence," the ACJ underscored. .However, Advocate General SN Mookherjee pointed out that the State Police was properly investigating the case. He said that the participants of the procession were armed with lathis, swords etc, which they were not allowed to carry. He also pointed out that members of the other community were also armed with weapons. "As far as there are allegations with regards to acts of bombing etc and that some houses were set on fire as alleged by petitioner are totally baseless. Our report specifically deals with the allegations of bombs being used in the violence," the AG pointed out. The AG apprised the Bench of the fact that both Hindus and Muslims, including 14 policemen, sustained severe injuries in the violence..After hearing the AG and going through the reports of the State, the Bench said that the issue of violence, especially during religious events, has become common in West Bengal."It appears a regular feature now. I think all religions...Suppose the other community, even they have religious processions... very year there are 7 to 8 incidents of violence and then petitions are filed, probe by central agency is sought," ACJ Sivagnanam pointed out. The AG immediately highlighted that the recent decision of the State to impose 27 conditions on those seeking to carry out processions etc has worked better, and that the same would be used as a template for all religious or political rallies. In response, ACJ Sivagnanam said, "But then it should be violence-free. Our earlier orders seem to have not instilled fear in the minds of riotous people. Even NIA probe has not had an effect on the riotous people.".The Court also pointed out that despite its detailed orders passed in the cases pertaining to the October 2022 Lakshmi Pooja violence, there has been no effect. It sought to know if there was any incapability on the part of the State Police force, or a need for their sensitisation. The AG conceded that sensitisation is needed, especially for the lower ranks of the police force.