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The Calcutta High Court on Saturday ordered Central Armed Police Forces to be deployed in West Bengal’s Murshidabad district after three persons died in violence that broke out during protests against Waqf Amendment Act, Bar and Bench reported.
Murshidabad has been roiled by protests over the past few days against the Act, which have turned violent.
The bench of Justices Soumen Sen and Raja Basu Chowdhury was hearing a public interest litigation petition filed by Bharatiya Janata Party Suvendu Adhikari and lawyer Tarun Jyoti seeking the deployment of the Central Armed Police Forces, The Hindu reported.
Measures taken by the state government to curb the violence were not adequate and action had to be taken on a war footing to arrest the rioters, the bench 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,” Bar and Bench quoted the court as saying.
The bench said that deploying the Central Armed Police Forces earlier could have de-escalated the situation and added that it appeared that adequate measures had not been taken in time.
“Accordingly, we direct, the deployment of Central Armed Forces in district Murshidabad who shall operate in the District in co-operation with the civil administration so that the situation which has necessitated the deployment of the armed forces is effectively dealt with and normalcy is restored,” the court ordered.
“This direction, however, shall not be limited to the district of Murshidabd and as and when required it should be extended to other districts faced with similar situation in which case the Central Forces may be deployed immediately to arrest the situation and bring normalcy,” it added.
A waqf is a property dedicated to a religious, educational or charitable cause under Islamic law. Each state has a waqf board led by a legal entity that is vested with the power to acquire, hold and transfer property.
The recent changes to the law curb the authority of waqf boards and allow greater government control over them.
The 2024 Waqf Amendment Bill brought changes to 44 sections of the 1995 Waqf Act, including allowing non-Muslims on waqf boards, restricting property donations and changing how waqf tribunals function.
The bill was cleared by Parliament on April 4. The Janata Dal (United) and Telugu Desam Party, both allies of the ruling Bharatiya Janata Party, supported the bill.
It was given presidential assent on April 5 and took effect on April 8.
The Congress and the All India Majlis-e-Ittehadul Muslimeen, among others, have challenged the constitutionality of the bill in the Supreme Court.
On the same day that the Act came into effect, a mob clashed with the police, threw stones and set the vehicles of security forces on fire in Murshidabad’s Jangipur during protests against it. Several police personnel were reportedly injured in the clashes.
On Friday afternoon, protestors blocked National Highway 12 at Shajurmore crossing near Dhulian.
“As policemen tried to lift the blockade, stones were pelted at them,” a police officer was quoted as saying by The Indian Express. “The protestors set fire to a police jeep and a motorbike in the area.”
Nearly 5,000 protestors had also blocked railway tracks, resulting in two passenger trains getting cancelled and four express trains being diverted, stated the Eastern Railway.
A railway official told PTI that a crossing gate between Dhulianganga and Nimtita stations was damaged by the protestors.
At the hearing on Saturday, the petitioners said that the presence of central armed forces might be necessary to stop the escalation of violence in parts of the state, according to Bar and Bench.
The state government described the plea as “politically motivated” and said that steps had already been taken to control the violence. The court was also told that six companies of the Border Security Force had been deployed to assist the police.
However, the court noted that there have been internal disturbances in a few districts of West Bengal.
The bench also directed the state government to file a report on the steps taken by it in view of the court’s order. “The matter is made returnable on 17th April, 2025,” it added.
12 more held for violence, total arrests rise to 150
On Sunday, the West Bengal Police said that 12 more persons had been arrested in connection with the violent protests against the Waqf Act in Murshidabad district, PTI reported. This took the total number of those arrested to 150.
No new incident of violence was reported from anywhere in the district, the news agency quoted unidentified police officers as saying, adding that security forces were keeping a close vigil.
“The situation in Suti, Dhulian, Samserganj and Jangipur areas of the district is peaceful,” the police officers said. “Raids continued overnight, and 12 more people were arrested. With this, 150 people have been arrested so far.”
The officers also said that prohibitory orders had been imposed in violence-hit areas and the internet has been suspended.
A day after the last violent clashes in Jangipur, West Bengal Chief Minister Mamata Banerjee said that the Waqf Amendment Act would not be implemented in the state.
“I know you are aggrieved because of the enactment of the Waqf Act,” the Trinamool Congress leader said on Wednesday. “Have faith, nothing will happen in Bengal by which one can divide and rule. You send out a message that all have to stay together.”
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