The measures, taken by the West Bengal government to control communal unrest in Murshidabad district during the last few days over protests against the newly promulgated Waqf (Amendment) Act turning violent, were not adequate, observed a special division bench of Calcutta High Court while ordering Central Armed Police Forces (CAPF) deployment in the district till April 17.
“Although we have noted the stand of the state that it is making an endeavour to ensure co-existence of different communities in peace and harmony, the measures so far taken does not appear to be adequate,” read the copy of the order by the special division bench of Justice Soumen Sen and Justice Raja Basu Chowdhury.
The division bench also observed that had the CAPF deployment been earlier, the situation would not have been so “grave” and “volatile”.
“The deployment of Central Armed Forces earlier could have de-escalated the situation, as it appears that adequate measures have not been taken in time,” the court said.
The division bench also clarified that the CAPF deployment is only for the purpose of facilitating the state administration to ensure the safety and security of the population in this state.
Stressing that the situation is “grave” and “volatile”, the division bench also stressed that there is an urgent need to take action against the culprits to arrest the atrocities committed on innocent citizens on a war footing.
“Constitutional Courts cannot be a mute spectator and embroil itself in technical defences when the safety and security of the people are in danger,” read the order copy.
Reminding that the duty of the court is to protect the citizen, the division bench observed that the citizen has the right to life, and it is the responsibility of the state to ensure that the life and property of every citizen is secured.
“It is undeniable that there have been frequent instances of violence between communities at different parts in the state of West Bengal, and the disquieting situation prevailing till today cannot be ignored,” the court observed.
