HC tells state, Centre to submit report on Beldanga violence
Kolkata: In the matter relating to alleged communal violence in Beldanga, Murshidabad, the Calcutta High Court on Wednesday directed the state to submit a report in the form of an affidavit while also directing the Centre to submit a report by Friday on the law and order situation prevailing in the affected locality.
A report was submitted at the bench of Justice Harish Tandon and Justice Hiranmay Bhattacharyya by the state on Wednesday which was a communication from the Superintendent of Police, Murshidabad Police District.
However, the advocate general (AG) tendered an apology that such a report was not in the form of an affidavit as it should have been.
However, during the hearing, the matter evolved into a constitutional debate with the petitioners demanding the deployment of Central Forces in the affected area, alleging that many of the victims have not been able to return to their homes and are living in fear.
They said since Internet services were suspended, communication has become difficult but they received information that the situation
is not peaceful. The AG argued against Central Forces deployment, reasoning that Centre’s power to deploy them in relation to a civil power of the state is evidently absent.
He submitted that Article 257-A of the Constitution which gave power to the Centre for deploying armed forces for dealing with a grave law and order situation in any state was later repealed by 44th Amendment of the Constitution,
leaving Entry 2-A of the Union List untouched. This meant the Centre can only deploy such forces in aid of a civil power of the State and not unilaterally.
The Additional Solicitor General submitted there is no restraint on the Centre to deploy the Central Forces and such power is engrained into the Centre despite the deletion of Article 257-A.
Relying on the Supreme Court’s judgement in Naga People’s Movement of Human Rights vs Union of India, the High Court observed that the Central Government can form an opinion on whether an area is in a disturbed or dangerous condition, requiring the use of armed forces in aid of the civil power. Hence, a report was sought from the Centre.
