Beldanga Violence | 'Ensure Citizens' Safety, Utilise Central Forces': Calcutta High Court To State; Leaves NIA Probe Call To Centre

The bench emphasised that the State must ensure the protection of the "life, liberty, dignity, and property" of the citizens of the area. Further, the Bench left it open for the Union Government to independently decide on invoking Section 6(5) of the NIA Act for an investigation

For context, the Court was hearing an Interim Application (CAN) filed by the Leader of the Opposition, Suvendu Adhikari, in a pending Public Interest Litigation (PIL), seeking the deployment of Central Forces and a National Investigation Agency (NIA) probe into the alleged violence.

In the pre-lunch hearing of the case, the counsel for the petitioner had submitted that the district is sensitive to communal tensions and that riots have occurred there before. The members of the Hindu Community are being targeted, and an 'Ethnic Cleansing' is ongoing.

"The occurrences are neither stray nor sporadic; rather, they constitute a premeditated campaign...The pattern of violence on Fridays indicates a calculated intent amounting to ethnic cleansing with selective targeting of Hindu lives," the petitioner's counsel submitted.

However, the State Government had argued that action had been taken and that peace was now prevailing in the area. It added that it had no objection if additional companies of the central forces were deployed in the area.

In the post-lunch hearing, the Court directed the State to file an affidavit within 15 days detailing the actions taken and clarified that the Union of India is free to take an appropriate decision regarding a probe into the matter by invoking Section 6(5) of the NIA Act on its own motion.

For context, the violence in Beldanga reportedly erupted last week following the return of the body of a 36-year-old migrant worker, allegedly killed in Jharkhand, to his native village in Murshidabad. The situation worsened after reports of another migrant worker being assaulted in Bihar circulated.

Before the HC, a categorical submission was made by Adhikari's Counsel that since the state is reluctant to use central armed forces, the UOI should form opinion on its own to act and deploy forces so that lives could be saved.

"Political turmoil in Bangladesh is also to be taken into account. The chicken neck is situated near Murshidabad, and selective targeting is being carried out on the railway. Thus, I pray for an NIA Investigation in the matter," it was submitted.

The State Governemnt, led by Senior Advocate Kalyan Bandyopadhyay, vehemently opposed Adhikari's petition, terming it a "Political Interest Litigation."

"LoP Suvendu is involved in the matter, and the issue is being given a political angle by saying it again and again that Hindus are being targeted...The Central Govt is at loggerheads with the state government because the elections are forthcoming," the State Counsel argued.

The State maintained that the police acted swiftly and arrested 30 individuals. It was also apprised that criminal cases were also filed against four key accused. They further submitted that no untoward incidents had occurred after January 16 and that "market, all areas, everything is normal there."

Before the bench, a crucial submission was made that the currently deployed forces are not being utilised properly. The State rebutted, stating, "We seriously object to the submission that BSF teams are not being utilised...Rapid Action Force is there and one senior police officer is also there."

After hearing both sides, Chief Justice Paul remarked that the interim application could not be rejected at this stage as it concerns the lives of people.

The Bench further recorded the following key directions in its order:

1. The State Government must file an affidavit within 15 days detailing the incidents and specific actions taken.
2. The Superintendent of Police (SP) and the District Magistrate (DM) concerned will ensure that the lives, liberties, dignity and property of citizens are not jeopardised.
3. The State must fully utilise the central armed forces already deployed in Murshidabad to ensure normalcy is maintained.
4. The Union of India (UOI) can take an appropriate decision regarding an investigation into the matter by invoking Section 6(5) of the National Investigation Agency Act.

The order also clarified that its order will not stand in the way of the deployment of additional forces if required.

"In our opinion, the repeated incidents in Murshidabad are worrisome. Effective and immediate measures are required to be taken...The State must utilise the central armed forces already deployed in Murshidabad. Ensure that no repetition of such incidents takes place," the Court noted.