Calcutta High Court: A PIL was filed raising concerns regarding communal violence in West Bengal during the Durga Puja and Lakshmi Puja celebrations in October 2024. A Division bench of Hiranmay Bhattacharya, and Md. Shabbar Rashidi, JJ., directed the Superintendents of Police of the districts concerned as well as the Commissioners of Police of the Police Commissionerate concerned to submit a report with regard to steps taken pursuant to the complaints which have been disclosed before the Director General of Police, West Bengal being the fourth respondent on or before 11-11-2024.
The petitioner alleged that members of a particular religious community engaged in acts of violence while another community was peacefully observing these festivals. This violence reportedly occurred across multiple districts in West Bengal, prompting the petitioner to raise alarms about inadequate responses from local law enforcement.
Counsel for the petitioner argued that despite complaints being filed at local police stations, and representations made to the Superintendents of Police in the affected districts and Commissioners of Police in the relevant Police Commissionerate, law enforcement has failed to initiate any meaningful investigation or corrective measures. The petitioner cited this alleged inaction and demanded an independent, unbiased investigation into the incidents, arguing that such an investigation would be crucial for restoring public faith in the state’s security apparatus.
Countering the petitioner’s claims, the Advocate General contested the PIL’s maintainability, asserting that it lacked the necessary specificity and detailed pleadings required to warrant transferring an investigation from the State police to another agency. The Advocate General also pointed out that they were still awaiting reports from relevant authorities about the steps taken in response to the complaints attached to the petition.
The Court, upon hearing both sides, directed the Superintendents of Police and the Commissioners of Police, who were made respondents in this case, to furnish reports regarding the measures undertaken in response to the complaints to be submitted to the Director General of Police (DGP) of West Bengal by 11-11-2024. Furthermore, the DGP is to appoint an Additional Director General of Police to compile these reports and present a comprehensive overview of the situation to the court by the next hearing date.
Thus, the Court deferred its decision on the maintainability of the petition, leaving the matter open for future deliberation. The case is scheduled for its next hearing before the regular Bench on 14-11-2024, where the Court will review the reports and may further examine the merits of the petitioner’s request for an independent investigation.
[Ritu Singh v. State of WB, 2024 SCC OnLine Cal 9759, decided on 29-10-2024]
Advocates who appeared in this case :
Mr. Sudip Sarkar Mr. Subrata Mondal, Advocates for the petitioner
Mr. Kishore Datta, AG (V/c) Mr. Swapan Banerjee, AGP Ms. Sumita Shaw Mr. Diptendu Narayan Banerjee, Advocates for the State
