Refusing to order probe by National Investigation Agency (NIA) into the last week’s violence in Murshidabad district during a protest against the new Waqf law, the Calcutta High Court on Thursday ordered the formation of a three-member committee for identification and rehabilitation of people displaced by the violence.
A Division Bench of Justice Soumen Sen and Justice Raja Basu Chowdhury said that the prime responsibility was currently to restore and rehabilitate those who have been displaced during the arson and violence.
The committee will comprise a member each from the National Human Rights Commission, the West Bengal State Human Rights Commission and State Legal Services Authority.
The court also said the central forces should remain deployed in the affected-areas for some more time and that no one should make any provocative speech against the Waqf Amendment Act.
On not ordering the NIA probe, which the petitioner had sought, the High Court in its order, stated “The prayer for NIA at this stage is not considered in view of the fact that no adequate materials have been placed before us.”
However, the court said that the Central Government has a power under Section 6(5) to direct NIA investigation suo motu, if the Central Government is of the opinion that the offences have been committed,which is required to be investigated under NIA Act of 2008. “It appears that the central government is yet to take a decision on this aspect of the matter. Our observation shall not stand in the way of the Central government to exercise its power suo motu if situation warrants.”
Further the order read: “It is expected that all the parties and stakeholders shall make sincere attempts for restoration of peace, tranquility and normalcy in the disturbed areas. “
The case will come up for hearing on May 15.
Speaking to The Indian Express, BJP leader and lawyer Priyanka Tibrewal said: “A three-member committee has been formed where the victims can register their complaints and the state government has been asked to make a scheme. I have been given permission to meet the victims.”
State’s counsel Kalyan Banerjee said: “I have no issue regarding the formation of three-member committee. I have made submissions on the basis of the report by the state police. The allegations made are completely false. They wanted NIA or CBI… The report is exhaustive…The judge is satisfied. We had no objection to central forces staying as for us human life is important. We are a secular state. A committee will be constituted; we have no objection to it. When peace is prevailing they are trying to politicise it.”
Tibrewal, on Wednesday, had sought the court’s intervention for giving shelter to people rendered homeless by the violence. “Have you spoken or met with those who have been displaced,” the court asked petitioner Tebriwal during the hearing on Thursday.
According to Tebriwal, out of 90 families who have been displaced only six persons have been able to return to their homes. “There is a list of the victims who are in a primary school in Malda. I have come to know that BSF has tried to take them back home but in the case of these people, their houses are burnt, they crossed the river and are in Malda. We want rehabilitation, restoration and something has to be done by the state and a report be filed by the NHRC team. Now, we know that NHRC has taken cognizance of the matter and wants to come and file a report…,” Tebriwal submitted.
Meanwhile, Additional Solicitor General Ashok Chakraborty submitted in court, “17 companies deployed. The situation is sensitive and a report recommends continuing the deployment of forces to maintain and protect the law and order situation. We will apprise the Home Minister. The report says there is apprehension in other districts as well so kindly apprise if the deployment is for Murshidabad or other districts as well.”
“We (BSF) need independent power. In cooperation with state police means police will control the BSF. The BSF is saying they cannot move without the permission of the state,” he alleged.
Pointing out the use of bombs during the violence, petitioner and lawyer Billwadal Bhattacharya said, “We want investigation to be conducted by a national agency as bombs were used. We have video footage. The state and union will be able to say how the situation is. We have given photos as to how the attack had taken place.”
He further submitted, “The pen drive is there showing bombings and attacks in presence of police personnel. The UAPA act will also come and the NIA act. The attack started on Friday and it continues. It is happening from district to district. It happened in Mothabari, now it is in Murshidabad.”
Bhattacharya also pointed out that, “There are reports that there are Bangladeshi miscreants who are involved in this Wakf protest. BSF DIG stated that there were petrol bombs hurled. There have been two deaths — father and son — who fell victim to the rioters. We do not know what the situation now is, the internet is suspended, the State and Union can say. We have asked for a NIA probe.”