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Waqf Bengal Violence | “Cannot Be A Mute Spectator”: Cal HC To Continue Hearing Today After Violent Protests Kills Many

The Calcutta High Court is set to continue its hearing today, April 17, 2025, on the violent protests in West Bengal following the enactment of the Waqf (Amendment) Act, 2025.

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Waqf Bengal Violence | "Cannot Be A Mute Spectator": Cal HC To Continue Hearing Today After Violent Protests Kills Many

KOLKATA: ​The Calcutta High Court is set to continue its hearing today, April 17, 2025, on the violent protests in West Bengal following the enactment of the Waqf (Amendment) Act, 2025.

The court previously emphasized that it “cannot be a mute spectator” to the unrest, which has resulted in at least three deaths and over 150 arrests in Murshidabad district alone .

Background of the Violence

The protests began after Friday prayers on April 11 and escalated into widespread violence across Murshidabad, including areas like Suti, Dhulian, Samserganj, and Jangipur.

Among the deceased are a father and son, Hargobind Das and Chandan Das, who were reportedly hacked to death by a mob, and 17-year-old Izaz Ahmed Sheikh, who died from a bullet wound during clashes .

The unrest led to the displacement of over 400 residents, many of whom sought refuge in neighboring Malda district .

Judicial and Government Responses

In response to the escalating violence, the Calcutta High Court ordered the deployment of central paramilitary forces, including the Border Security Force (BSF), to the affected areas .

The court’s intervention came after a petition by BJP leader Suvendu Adhikari, who criticized the state government’s handling of the situation .​

Chief Minister Mamata Banerjee has stated that her government will not implement the Waqf (Amendment) Act in West Bengal and accused certain political parties of exploiting religious sentiments for political gain .

She also alleged that the violence was pre-planned and involved external elements .​

Supreme Court Proceedings

The Supreme Court is concurrently hearing multiple petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025.

Chief Justice Sanjiv Khanna described the ongoing violence as “very disturbing” and emphasized that such actions are unacceptable while the matter is under judicial review .

The court is scheduled to resume its hearing at 2 PM today .​

Current Situation

As of now, the situation in Murshidabad remains tense but under control, with central forces conducting patrols and local authorities working to restore normalcy.

Internet services have been suspended in affected areas to prevent the spread of misinformation, and prohibitory orders under Section 144 have been imposed .​

PREVIOUSLY IN CAL HC

The Calcutta High Court on 12th April 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.

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.

The High Court has directed that the Central forces will work together with the state government and not separately. Both the Centre and the state government have been told to submit detailed reports about the current situation in the affected areas.

This decision was made by a special bench of Justices Soumen Sen and Raja Basu Chowdhury.

This special bench was quickly formed by the Chief Justice to hear an urgent petition filed by Suvendu Adhikari, the Leader of the Opposition in the West Bengal Assembly.

He had asked the court to send central forces to Murshidabad to handle the situation.

Later, West Bengal Governor CV Ananda Bose supported the High Court’s order and said it was the right step. In a video message from Raj Bhavan, the Governor said:

“I have been told about the deployment of CAPF in the riot-affected areas of Bengal, including Murshidabad. I am glad that the Calcutta High Court stepped in and given the appropriate decision in appropriate time.”

Earlier in the day, Chief Minister Mamata Banerjee made it clear that her government will not implement the Waqf (Amendment) Act in the state.

She also asked the people to stay peaceful and not fall into the trap of violence.

“We have made our position clear on this matter – we do not support this law. This law will not be implemented in our state. So what is the riot about?”

-she said in a post on X (formerly Twitter).

The Chief Minister also warned people not to use religion for political purposes and said strong legal steps will be taken against anyone who tries to spread violence.

“Remember, we did not make the law that many are agitating against. The law was made by the central government. So the answer you want should be sought from the central government,”

-she added.

West Bengal’s Director General of Police, Rajeev Kumar, also gave a strong message to those taking part in the protests. He said that the police will not allow anyone to break law and order in the name of protesting.

CASE TITLE:
Suvendu Adhikari v State of West Bengal

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