On April 28, the Supreme Court of India dismissed as withdrawn a PIL seeking national guidelines to curb clashes and violence during religious processions. The Supreme Court told the petitioners, “Let us not make this such a big issue. We cannot get into legislation. You can withdraw,” after which the petitioners withdrew the plea.
The petitioner Advocate Vishal Tiwari highlights the increasing trend of violence during religious processions happening each year. The now-withdrawn PIL referred to the violence which erupted during the religious processions during Ram Navami celebrations. Furthermore, the PIL said that the respondent authorities had not taken any action and that the law enforcement is not ‘strict’ enough.
“The present situation prevailing at various places of the country due to the political and communal tensions orchestrated by unregulated powers of the society with no action from the government pertaining to prevention of such incident. Ram Navami celebrations in India like the last year saw the similar fate witnessed similar repercussions and violence all over the country this year, the festival was marked by violence across several states.”, the plea said.
Calcutta High Court transfer Ram Navami Violence Probe to NIA
On April 27, the Calcutta High Court transferred the probe, and directed the West Bengal Police to hand over all documents including FIRs, case papers, seized materials, footage, etc concerning the violence which occurred during Ram Navami celebrations in the state to the National Investigation Agency (NIA).
The Court said, “We are convinced that no useful purpose would be served by directing the State Police to register cases against those, who used acid bottles and petrol bombs etc under the Explosive Substances Act as the matter has travelled beyond that stage and it is fit case to transfer the investigation to the NIA.”
The Court noted that according to IC Serampore Police’s report, the mob “started to assault police personnel with bamboo sticks, iron rods, stones, bricks, swords, displaying fire arms with a view to kill police personnel and therefore police team used mild force upon the unlawful mob to disperse them and during the time of dispersal the mob stole some body protecting equipment of police personnel as a result of which several policemen received bleeding injuries on their person and head. In the other seizure lists which have been drawn on 03.04.2023 records seizure of swords.”
The Court said, “Thus, from the above facts it is evidently clear that despite the offences being committed under the Act mentioned in the schedule to the NIA Act, no case has been registered under the provisions of such Act. It raises a series doubt in our minds as to whether this was a deliberate attempt by the investigating police fighting shy of resorting to the procedure required to be complied with under Section 6(1) of the NIA Act.”
The Court said that the state police has underplayed the true state of affairs as the police have been directed to transfer the probe to the NIA in more than 8 cases. The Court said, “the state police having been directed by this Court in more than 8 orders to transfer the matter to the NIA, in the present incidents they have under played the true state of affairs which in our view should not be permitted.”
Furthermore, the Court said that it prima-facie found that there was a deliberate attempt of the police to not register offences under the Explosive Substances Act. The Court said, “we prima facie find that there has been a deliberate attempt on the part of the concerned police not to register any offence under the provisions of the Explosives Substances Act. There is also mention about the acid bottles and if be so, necessarily offence under the scheduled Act having been committed, the procedure under Section 6(1) of the NIA Act should have been resorted to.”
The Court concluded, “In the result, the writ petitions are disposed of by directing the concerned police to ensure that all the FIRs, documents, materials seized, CCTV footage etc. be immediately handed over to the appropriate authority of the National Investigation Agency who on receipt of all the entire materials shall commence investigation and proceed in accordance with law.” Furthermore, the Court stated that the police shall hand over the materials to the NIA within a period of two weeks from the order’s date.
