Ram Navami Violence Was Prima Facie Pre-Planned: Calcutta High Court

On Monday (10 April), the Calcutta High Court stated that the violence that occurred during the recent Ram Navami processions in Howrah and Dalkhola appeared to have been pre-planned, and that there was a failure of intelligence on the part of the state police, according to Suvendu Adhikari v. State of West Bengal.

The division bench of acting Chief Justice T S Sivagnanam and Justice Hiranmay Bhattacharyya reserved its order on a plea filed by Leader of Opposition (LoP) Suvendu Adhikari seeking a transfer of the probe into the violence, to the National Investigation Agency (NIA).

The Justice Sivagnanam stated that, "Internet suspension usually takes place when there has been an external danger or infiltration etc. But for a religious procession, we don't understand why (internet was suspended). Sudden violence is when people are walking and there is an altercation etc. But your (state's) reports prima facie show these (violence) were all pre-planned. There are allegations of stones being hurled from rooftops. Obviously it is not possible for anyone to take stones up to the rooftop within 10 to 15 minutes."

The court noted that there were allegations of stones being hurled from rooftops, and it was not possible for anyone to take stones to the rooftop within 10 to 15 minutes, indicating that the violence was pre-planned.

The court also mentioned that there was tension between two groups, and a third group took advantage of the enmity between them, which needs to be probed.

It suggested that a central agency would be better suited to identify the outside source responsible for setting the fire and instigating the violence.

The court highlighted that violence during religious events has become common in West Bengal, and measures need to be taken to ensure that processions are violence-free.

The acting Chief Justice pointed out that, “It appears (to be) a regular feature now. I think all religions...Suppose the other community, even they have religious processions... every year there are seven to eight incidents of violence and then petitions are filed, probe by central agency is sought.” 

The advocate general SN Mookherjee immediately highlighted that the recent decision of the state to impose 27 conditions on those seeking to carry out processions etc has worked better, and that the same would be used as a template for all religious or political rallies. 

In response, Justice Sivagnanam said, “But then it should be violence-free. Our earlier orders seem to have not instilled fear in the minds of riotous people. Even NIA probe has not had an effect on the riotous people.”

The advocate general pointed out that the state police was properly investigating the case, and both Hindus and Muslims sustained severe injuries in the violence.

The court also sought to know if there was any incapability on the part of the state police force or a need for their sensitization. The advocate general conceded that sensitization is needed, especially for the lower ranks of the police force.