Supreme Court Dismisses Plea Seeking SIT Probe Into Murshidabad Violence- Says ‘Why Don’t You Go To High Court?’
The Supreme Court strongly criticised the growing tendency of filing direct writ petitions under Article 32, especially in cases that do not require intervention at the national level.
NEW DELHI: 13th May: The Supreme Court of India on Tuesday dismissed a petition that had requested a Special Investigation Team (SIT) probe into the recent communal clashes that took place in Murshidabad, West Bengal. These clashes occurred during protests related to the Waqf (Amendment) Act.
A Bench comprising Justice Surya Kant and Justice NK Singh expressed disapproval of the petitioner approaching the apex court directly, without first seeking relief from the Calcutta High Court.
The judges firmly reminded the petitioner that he had an “equally effective alternative remedy before the Calcutta High Court.“
The Supreme Court strongly criticised the growing tendency of filing direct writ petitions under Article 32, especially in cases that do not require intervention at the national level.
The Court asked, “Why don’t you go to High Court – a Constitutional Court having powers better than the Supreme Court under Article 32? … Filing direct writ petitions to the Supreme Court amounts to demeaning the High Court. If it was matter which involved 7-8 States, then we can understand but (this is not one such case).”
The Bench reiterated its objection to this trend and warned that such behaviour would be dealt with sternly.
Justice Kant made it clear, “This practice of filing direct writ petitions before the Supreme Court, we will deal with very seriously.”
While dismissing the plea, the Supreme Court granted the petitioner liberty to approach the High Court for appropriate relief.
This was not the first time the top court had raised concerns over a similar plea regarding the Murshidabad violence. In an earlier hearing, the Court had reprimanded advocate Shashank Shekhar Jha, who had also filed a petition directly in the Supreme Court on the same issue.
During that earlier hearing, the Supreme Court had cautioned the advocate over the language used in his petition.
The Court had remarked, “Supreme Court is a court of record. Posterity will see … You have to be careful when filing pleadings or passing an order. Are these averments required to be there? We respect every member of the bar. But with a sense of responsibility.”
Following this strong advice, Shashank Shekhar Jha had withdrawn his petition.
Background
Advocate Shashank Shekhar Jha has approached the Hon’ble Supreme Court of India, asking for strong action regarding the recent violent incidents that happened in Murshidabad, West Bengal.
He has filed a petition seeking a proper and fair investigation into the matter. According to him, the situation in the area is very serious, and steps must be taken quickly to protect the lives of people and maintain peace.
Another plea was filed by advocate Vishal Tiwari seeking the constitution of a five-member judicial enquiry commission headed by a former apex court judge to investigate the violence in the state.
One of the pleas has requested the Supreme Court to set up a Special Investigation Team (SIT) to look into the violence. But he wants this SIT to work under the watch of the Supreme Court itself, so that the investigation remains neutral and transparent.
He believes that this kind of court-monitored probe will help in finding the real reasons and people behind the violence.
His plea clearly asks for a “Court-monitored SIT probe.“
Apart from that, the advocate also wants the Supreme Court to make the West Bengal government answerable. He has asked the Court to seek a proper reply from the state government regarding the law and order failure that led to the violence.
He has said that it is important to know why such a situation was allowed to happen and what the state authorities were doing during that time.
His petition calls for the “WB govt’s reply on law & order failure.“
In addition to these demands, Advocate Jha is also urging the Court to order steps that will help protect the lives of common citizens and stop any further violence from taking place. He is worried that if proper actions are not taken now, then the situation might become even worse in the coming days.
That is why he is asking the Court to guide the state government to take strict measures.
His petition includes a clear request for “Steps to protect lives, prevent more violence.“
This move by Advocate Shashank Shekhar Jha shows growing concern about the law and order situation in West Bengal.
The Supreme Court is expected to take up this matter soon. The country is watching closely to see what action the top court of the land will take to ensure justice and peace in the affected region.
EARLIER IN CALCUTTA HIGH COURT
KOLKATA: The Calcutta High Court took strong action after three people lost their lives during violent protests in West Bengal’s Murshidabad district. The court said it cannot just sit quietly while public safety is in danger. So, it ordered that Central Armed Police Forces (CAPF) must be sent to Murshidabad to help bring peace and protect people.
Violent protests broke out recently in many districts like Malda, Murshidabad, South 24 Parganas, and Hooghly. The protestors were angry about a new law related to Waqf properties. During the violence, many police vans and other vehicles were set on fire. Stones were thrown at police and roads were blocked, creating chaos in many places.
ALSO READ: LEGAL EXPLAINER| Waqf & The Waqf Amendment Bill 2024: Key Legal Changes & Impact
The Calcutta High Court clearly stated that every person in India has the right to life and the state government must protect the lives and properties of all citizens.
In strong words, the court said:
“Constitutional Courts cannot be a mute spectator and embroil itself in technical defences when the safety and security of the people are at danger. The deployment of Central Armed forces earlier could have escalated the situation as it appears adequate measures have not been taken in time.”
The court called the situation in Bengal “serious and unstable,” and said that the police and other authorities must act quickly and strictly to stop the violence and punish those who hurt innocent people. The court stressed this must be done urgently, saying action must be taken on a “war footing.”
The judges also said:
“We cannot turn a blind eye to the various reports that have surfaced which prima facie show vandalism in few districts of the state of West Bengal. The purpose of deployment of the para-military forces or Central Armed Police Force is only for the purpose of facilitating the state administration to ensure the safety and security of the population in this State.”
They added that it cannot be denied that “there is an internal disturbance” in some districts of West Bengal.
