Murshidabad violence: SC asks lawyers to file a better petition
The Statesman | 22 April 2025
The Supreme Court on Monday refused to entertain petitions seeking independent probe into the violence in West Bengal’s Murshidabad district during a protest against the Waqf (Amendment) Act, 2025 and asked the two advocates to withdraw their pleas and file better petitions.
Telling the petitioner advocate Shashank Shekhar Jha, that one has to be careful and responsible with the averments made in a petition filed in the Supreme Court, Justice Surya Kant heading a bench also comprising Justice N Kotiswar Singh said, “We respect every citizen who wants to come to us, they are welcome. But with a sense of responsibility. Be careful about what averments are made.”
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When the Bench asked the petitioner advocate about the source of information regarding migration of people to other states, Jha said it was reported by the media.
Then the Bench asked: “So you have filed the petition based on media reports. Where is the verification done by you?”
As Justice Kant schooled the lawyer on the way the petition was drafted, advocate Jha said he will amend his plea and file a fresh petition.
“That is why we said, you were in a hurry… Yes, justice to voiceless people must be done, but do in a proper manner. Not like this,” the Bench said as it allowed the lawyer to withdraw the plea and file a “better” petition.
The top court also allowed advocate Vishal Tiwari to withdraw his plea and file a fresh petition after he said that he wanted to bring on record certain “provocative statements” made after the filing of the petition, including the remarks of a member of parliament against the Supreme Court and the Chief Justice of India.
Advocate Shashank Shekhar Jha in his petition urged the top court to seek an explanation from West Bengal government and Union home ministry as to the failure of the law-and-order machinery and direct compensation and rehabilitation for victims. He had further sought direction to ensure protection of life and liberty of those currently being affected and prevent further escalation.
The petition stated that large-scale violence broke out in the state of West Bengal following the passing of the Waqf (Amendment) Bill by the parliament and the manner in which the protest turned violent and particularly targeted the Hindu community raises serious constitutional concerns regarding the right to life and religious freedom.
The petitioner said that it is not the first time that West Bengal is witnessing such targeted communal and political violence and cited incidents of violence in the state. He said that three years ago, a similar situation occurred in the aftermath of the 2021 Legislative Assembly election results.
Advocate Vishal Tiwari sought direction for constitution of a five-member judicial enquiry commission headed by retired Supreme Court judge to enquire into the violence in Murshidabad and to submit its report.
He further sought direction to call for a status report from the West Bengal government on the violence and the government must curb the hate and provocative speeches made in respect to any community and to comply with the directions issued by the apex court.
The violence in Murshidabad district against the Waqf (Amendment) Act has left at least three people dead.