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Calcutta High Court (Appellete Side)
Suvendu Adhikari & Anr vs State Of West Bengal & Ors on 17 April, 2025
Author: Soumen Sen
Bench: Soumen Sen
17.04.2025
Sl No.1-5
Court No.8
(sg/gc)
WPA(P) 153 of 2025
Suvendu Adhikari & Anr.
Vs.
State of West Bengal & Ors.
with
WPA(P) 154 of 2025
Sanjukta Samanta
Vs.
Union of India & Ors.
With
WPA(P) 155 of 2025
Priyanka Tibrewal
Vs.
State of West Bengal & Ors.
with
WPA(P) 156 of 2025
Amiya Kumar Sarkar
Vs.
Union of India, Ministry of
Home Affairs & Ors.
With
WPA 8694 of 2025
Suvendu Adhikari & Anr.
Vs.
The State of West Bengal & Ors.
Mr. Soumya Majumdar, Sr. Adv
Mr. Billwadal Bhattacharyya, Sr. Adv
Mr. Anish Kumar Mukherjee
Mr. Suryaneel Das
Mr. Tamoghna Pramanick
Mr. Chiranjit Pal
... For the Petitioners
in WPA(P) 153 of 2025
Mr. Asok Kumar Chakraborti, Ld ASGI
Mr. Siddhartha Lahiri
Mr. Arijit Majumdar
... For Union of India in
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WPA(P) 153 of 2025.
Mr. Arun Kumar Maiti(Mohanty)
Mr. Bhaskar Prosad Banerjee
Mr. Debasis Tandon
Mr. Debayan Sen
... For NIA in WPA(P) 153 of 2025,
WPA(P) 154 of 2025 &
WPA(P) 155 of 2025.
Mr. Kalyan Bandyopadhyay, Sr. Adv
Mr. Sirsanya Bandyopadhyay, Sr. Standing Counsel
Mr. Arka Kumar Nag, Spl State Counsel
Mr. Debangshu Dinda
Mr. Debopriyo Karan
... For the State in all the matters
Ms. Sanjukta Samanta
Mr. Ronit Dutta
... For the Petitioner in
WPA(P) 154 of 2025
Mr. Asok Kumar Chakraborti, Ld ASGI
Mr. Rajdeep Majumdar, Ld DSGI
Ms. Amrita Pandey
Mr. Ghanshyam Pandey
Ms. Sneha Singh
... For Union of India in
WPA(P) 154 of 2025
Ms. Priyanka Tibrewal
... For the Petitioner(in person)
in WPA(P) 155 of 2025
Mr. Asok Kumar Chakraborti, Ld ASGI
Mr. Arijit Majumdar
... For Union of India in
WPA(P) 155 of 2025.
Mr. Krishnendu Sarkar
Mr. Anjan Bhattacharya
Mr. Anindu Sundar Das
Mr. Shounak Ghosh
Mr. Tarun Kumar Das
Mr. Sujit Bhunia
Mr. Debapriya Samanta
Mr. Syed Ali Afzal
Mr. Suva Gayen
Mr. Pronay Basak
Mr. Manga Ram Mandal
Mr. Suman Halder
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Ms. Paramita Mondal
Mr. Bipul Kumar Mondal
Mr. Goutam Acharya
Mr. Dilip Kumar Shyamal
Ms. Anita Shaw
Ms. Salma Sultana
Ms. Moumita Dhar
Mr. Pradip Paul
Mr. Madhab Kumar Roy Chaudhuri
Mr. Pratap Kumar Yadav
... For the Petitioner in
WPA(P) 156 of 2025.
Mr. Kumar Jyoti Tewari, Sr. Adv
Ms. Rashmi Bothra
... For Union of India in
WPA(P) 156 of 2025.
1. In view of the Administrative Orders of the Hon'ble
the Chief Justice dated 16th April, 2025 and 17th
April, 2025, the writ petitions being WPA (P)
154/2025, WPA (P) 155 of 2025 and WPA (P) 156 of
2025 are taken up for consideration along with WPA
(P) 153 of 2025 which was heard earlier and
adjourned till this date in order to enable the Union
of India and the State to file a report in terms of our
order dated 12th April, 2025. The report of the State
of West Bengal pursuant to the aforesaid order has
been filed.
2. The learned Additional Solicitor General has filed
the instruction received from the Government of
India, Ministry of Home Affairs dated 15th April,
2025. The State respondent has also furnished the
details of the SIT constituted for the purpose of
investigation into the alleged offences.
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3. The principal arguments in respect of the newly
added writ petitions are being advanced by Ms.
Priyanka Tibrewal. She herself is the writ petitioner
in WPA (P) 155 of 2025. The learned Counsel for
the other writ petitioners have principally adopted
her submission, save and except, the learned
Counsel appearing in Amiya Kumar Sarkar (supra)
has prayed for disbursement of the compensation
amount to the victims of violence in terms of the
ratio laid down by the Hon’ble Supreme Court in
Destruction of Public & Private Properties, in
Re: [AIR 2009 SC 2266].
4. Mr. Soumya Majumdar, learned Senior Counsel
appearing with Mr. Billwadal Bhattacharyya,
learned Senior Counsel has filed a supplementary
affidavit and argued that having regard to the large
scale of arson and violence and evil designed
attempts made by external agencies to destabilize
the sovereignty of the country with some
organizations operating in the few districts of West
Bengal, NIA investigation is necessary to unearth
the conspiracy and to take steps against the
culprits.
5. In the supplementary affidavit, reports from the PTI,
statement of the BSF Personnel and screen shots of
certain video footages have been shared to show the
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extent of vandalism and attack on a particular
community.
6. The learned Senior Counsel has submitted that if
required to substantiate its claim, the footages of
such vandalism contained in a pen-drive can be
shared with the Court as well as the parties
appearing in this proceeding.
7. The learned Senior Counsel has submitted that in
view of Section 6(4) of the National Investigation
Agency Act, 2008 and also having regard to the
offences which are schedule offences under the said
Act, NIA investigation is necessary. It is further
submitted that it is also incumbent upon the State
to furnish all required informations as contemplated
under Sections 6(1) and 6(2) of the said Act in order
to enable the Central Government to take a decision
with regard to the NIA investigation. By reason of
the failure on the part of the State administration to
forward the report of the schedule offences, the
Central Government was unable to take any such
decision. In any event, in view of the nature extent
and gravity of the offences, the Central Government
can suo motu direct NIA investigation under Section
6(5) of the NIA Act.
8. It is further submitted that so long the issue with
regard to Wakf Bill is pending before the Hon’ble
Supreme Court, the State shall not permit any
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demonstration as there could be a possibility of
outbreak of violence in the event such permission is
granted and in this regard he has relied upon a
decision of the Hon’ble coordinate Bench presided
over by the Hon’ble the Chief Justice in Suvendu
Adhikari and Anr. Vs. State of West Bengal & Ors.
reported in 2023 SCC OnLine Cal 2251.
9. Ms. Priyanka Tibrewal, Advocate of this Court and
appearing-in-person has submitted that she
personally interacted with a large number of victims
and they are presently homeless. It is submitted
that there has been a wide scale of destruction of
homes and these persons are without any shelter
and food. They have been displaced from the
houses and they flee to the nearby districts for their
survival and the State should be directed to
formulate a scheme for their restoration and
rehabilitation. It is submitted that there has been
violation of the human rights for which National
Human Rights Commission may be directed to
enquire into the matter. However, it has been fairly
submitted that during the pendency of this
proceeding, the Human Rights Commission on 15th
April, 2025 has taken cognizance under Section 12
of the Protection of Human Rights Act, 1993 and the
Director General (Investigation), NHRC was directed
to assign a team of officers/officials from the
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Investigation Division of the Commission to conduct
an on-spot enquiry at Murshidabad, West Bengal.
The enquiry report was to be submitted to the
Commission within a period of three weeks. In the
interregnum period, the State must provide them
adequate food and shelter and shall take confidence
building measure so that they can freely go back to
their original place.
10. On a query from the Court, Ms. Priyanka Tibrewal,
learned Counsel has disclosed names of six persons
out of the list of the persons disclosed in her
petition who have since been rehabilitated i.e. (i)
Ram Mondal, (ii) Satya Mondal, (iii) Payal Mondal,
(iv) Poonam Mondal, (v) Biswajit Mondal and (vi)
Parul Pramanik. It is submitted by Ms. Tibrewal
that situation in Ward No. 16 Bedona under
Baishnabnagar P.S. is under control. However, the
persons displaced from Ward Nos. 5, 15, 8 and 9
could not return as the situation is not conducive.
The written instruction submitted by Mr. Tibrewal is
taken on record.
11. The learned Counsel appearing in Amiya Kumar
Sarkar (supra) has in Paragraph 9 disclosed the
name of some Hindus who have claimed to have
been displaced and prayed for their immediate
rehabilitation apart from victim compensation.
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12. The learned Counsel in Sanjukta Samanta (supra)
has, inter alia, disclosed in paragraph 25 that some
of the displaced persons have taken shelter at
Parlalpur High School (H.S.) at Baisnabnagar in
Malda and they are under severe distress.
13. The learned Additional Solicitor General had
submitted that an instruction has been received by
the Central Government Standing Counsel on 15th
April, 2025 from the Under Secretary to the
Government of India wherefrom it will reveal that
apart from the BSF personnel locally available in
Murshidabad, additional five companies have been
deployed at the request of the State Government. It
was reiterated that the administration should keep
a close watch on the situation as well as other
sensitive districts in the State. There are severe
communal tensions prevailing in various districts of
West Bengal and the situation is still very sensitive
in Murshidabad. In responding to the query,
whether the Government of India, Ministry of Home
Affairs is contemplating NIA investigation. It is
submitted that no instruction has been received so
far. It is further submitted that if the Court feels,
NIA investigation may be ordered.
14. The learned Additional Solicitor General has
submitted that under the constitution, Central
Government has the undoubted power to deploy
9
Central Forces wherefrom the Central Government
is of the opinion that there exists a grave situation
of the law and order in the State and this view has
been recently upheld by a coordinate Bench in
WPA(P) 477 of 2024 (Sanjukta Samanta vs. Union of
India & Ors.) with WPA (P) 478 of 2024 (Koustav
Bagchi vs. Union of India & Ors.) decided on 20-11-
2024 by following the decision of the Hon’ble
Supreme Court in Naga People’s Movement of
Human Rights vs. Union of India reported in
(1998) 2 SCC 109. It is submitted that BSF has
reported inconvenience in acting independently and
in view thereof, our earlier order needs clarification.
15. The learned Counsel for the NIA has submitted that
unless an instruction is received from the Central
Government, NIA is unable to carry out any
investigation.
16. Mr. Kalyan Bandyopadhyay, learned Senior Counsel
appearing on behalf of the State of West Bengal has
taken us through the detailed report filed by the
State Government to show that adequate steps have
been taken by the State Government to pacify the
situation and extensive arrests have been made in
various districts. The learned Senior Counsel has
referred to the report in respect of Jangipur and
other sub-divisions of the district Murshidabad to
show that the steps taken by the Administration to
10
content violence and as on the date of the report, no
incident has been reported of any violence. The
situation is under control. It is further submitted
that SIT has been constituted and they are
investigating into the matter. It is submitted that
the State will not leave any stone unturned to bring
the normalcy and to take serious steps against the
culprits. It is submitted that total 315 individuals
have so far been arrested from Jangipur Police
District, Murshidabad Police District, Diamond
Harbour Police District and Chandannagar Police
Commissionerate. In Jangipur Police District, 274
persons have been arrested. In Murshidabad Police
District 02, Diarmond Harbour Police District 07
and Chandannagar Police Commissionerate 32
individuals. They are all involved in the unrest with
ongoing arson and vandalism. An extensive police
patrolling has been arranged and police picket has
also been arranged at vulnerable places and to
prevent further gathering and potential escalations.
None of the persons so far arrested have been
enlarged on bail, save and except, two.
17. The learned Senior Counsel has further submitted
that 38 families who left their homes after the
violence have been repatriated at their respective
residence and all sorts of assistance are being
provided for their safety and a camp of CAPF has
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been placed in the vicinity of the Jangipur Police
District. On 11th April, 2025 after the violence, the
order under Section 163 BNSS was promulgated in
the entire jurisdiction of Jangipur PD along with
suspension of internet connectivity. The report also
disclosed suspension of internet facilities in some of
the districts temporarily in parts of Murshidabad to
curb the spread of mis-information and rumors. It
is submitted that the State is not averse to the
continuation of the interim order for the time being
and shall file a detailed affidavit dealing with the
allegation in the writ petitions.
18. Apropos to the suggestion of the Court as to
whether a Three-Member Committee can be
constituted; one each from National Human Rights
Commission, State Human Right Commission and
Member Secretary of State Legal Services Authority,
Mr. Bandopadhyay has fairly submitted that for the
purpose of identification of the displaced persons,
the State shall not stand in the way in the process
of rehabilitation of displaced persons.
19. The aforesaid suggestion has also been accepted by
the learned Counsel appearing for the writ
petitioners.
20. Presently we are seized with the problem of
restoration and rehabilitation of the displaced
persons. It is undeniable that in the aftermath of
12
the violence, large number of persons have been
displaced. It includes the children and aged
persons. We have been given to understand from
the photographs disclosed in the writ petitions and
submissions made on behalf of writ petitioners that
large number of families are in distressed condition
and may be without shelter. Even the displaced
persons who have received temporary shelter may
not be receiving the basic amenities. The schools are
occupied by displaced persons. It is thus imperative
for the State to formulate a scheme for their
restoration and rehabilitation including
construction of houses and/or huts and/or shops
damaged by reason of such arson and violence. The
persons who have lost their livelihood, are to be
adequately compensated. The persons who have lost
their lives, their families are required to be looked
after and well-protected. It shall be the duty of the
administration to protect the FIR complainants.
21. Considering the aforesaid factual matrix in the case
in hand and with a view to resolve the issue relating
to identification, rehabilitation and lodging of FIRs
and the wellbeing of the displaced persons till they
are rehabilitated, we deem it appropriate to
constitute a Committee consisting of three officers
who shall monitor and coordinate the situation. The
13
Committee shall consist of an official from the
National Human Rights Commission, the West
Bengal Human Rights Commission and Member
Secretary of State Legal Services Authority.
22. The Committee shall identify the displaced
persons/families, extent of damage caused to
properties of the victims and also collect the data of
the FIRs lodged. The Committee shall also facilitate
filing of FIRs by the victims who have so far unable
to lodge FIR. The Committee shall also supervise the
wellbeing of the displaced persons during
interregnum period. The Committee shall file a
report by the adjourned date.
23. The State Administration shall provide all required
infrastructure to the Committee in order to enable
the Committee to comply with our direction.
24. It shall be the duty of the local administration to
ensure that all the persons displaced when
reinstated, shall receive all cooperation from the
State administration so that they can live peacefully
and they do not face any threat to their life, liberty
and property. The State shall continue with police
patrolling and police pickets at vulnerable places in
the Districts as reflected from their reports.
25. Insofar as the deployment of the BSF and Central
Armed Police Forces are concerned, we are of the
view that interpretation of BSF personnel as
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conveyed to the learned Additional Solicitor General
was not a correct interpretation of our order. In fact,
the principle laid down in Naga (supra) was
followed in our direction by which we have clearly
stated the deployment of Armed Forces in the
District of Murshidabad in view of the prevailing law
and order situation, although the said judgment
was not referred to in our order. The deployment of
Armed Forces of Union for the use of the civil
administration can be made if it is a disturbed area
in the opinion of the Central Government. In the
instant case although the Central Government has
not formed any opinion but having regard to the
facts and circumstances of the case, we directed the
deployment of the Central Armed Forces to prevent
escalation of violence. We have not curtailed the
power of the Central Government. It has the
authority to deploy Central Armed Forces if the
situation so warrants.
26. The prayer of NIA at this stage is not considered in
view of the fact that no adequate materials have
been placed before us. In any event, the Central
Government has a power under Section 6(5) to
direct NIA investigation suo motu if the Central
Government is of the opinion that the schedule
offences have been committed which is required to
be investigated under NIA Act of 2008. It appears
15
that the Central Government is yet to take a
decision on this aspect of the matter. Our
observation shall not stand in the way of the Central
Government to exercise its power suo motu if
situation warrants.
27. Ms. Priyanka Tibrewal has expressed her desire to
visit Malda to meet the victims. She may be
permitted to visit Malda for the aforesaid purpose.
28. It is expected that all the parties and stakeholders
shall make sincere attempt for restoration of peace,
tranquility and normalcy in the disturbed areas.
29. The matter is made returnable on 15th May, 2025
at 3 P.M.
30. All the parties are directed to file their affidavits in
the meantime.
31. The Committee and SIT shall file respective reports
on or before the adjourned date.
32. The parties are directed to communicate this order
to the members of the Committee at the earliest.
33. The interim order passed earlier shall continue until
further order.
In Re: WPA (P) 8694 of 2025
34. This matter has been assigned to this Bench by the
Administrative Order of the Hon’ble the Chief
Justice.
35. This matter shall be listed on 23-04-2025 at 3 PM.
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36. The parties shall act on the basis of the server copy
downloaded from the official website of the Calcutta
High Court.
(Soumen Sen, J.)
(Raja Basu Chowdhury, J.)
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