Kolkata, 21 April (H.S.): A division bench of the Calcutta High Court comprising Justice Arijit Banerjee and Justice Apurba Sinha Ray on Tuesday recused itself from hearing the Beldanga violence case. The matter has now been referred to Chief Justice Sujoy Paul, who will decide whether provisions of the Unlawful Activities (Prevention) Act (UAPA), particularly Section 15, are applicable.

Justice Banerjee stated that the issue of invoking Section 15 of the UAPA would be decided by the Chief Justice, and therefore the present bench would not continue hearing the matter.

The National Investigation Agency (NIA) had approached the High Court on Monday seeking cancellation of bail granted to the accused in the Beldanga violence case in Murshidabad district. The agency informed the bench that, following directions of the Supreme Court, it was examining whether Section 15 of the UAPA could be invoked in the matter.

The NIA further submitted that before completion of the investigation, a lower court had granted bail to 15 accused persons involved in the violence, and therefore their bail should be cancelled.

The plea came up for hearing in the High Court on Tuesday. Earlier on Monday, Justice Banerjee had observed that if the NIA presented valid grounds, the bail of the accused could be revoked.

Public interest litigations had also been filed in the High Court over the Beldanga violence, including one by Leader of the Opposition Suvendu Adhikari. In that matter, a bench of Chief Justice Sujoy Paul and Justice Parthasarathi Sen had observed that if the Centre wished, the probe could be handed over to the NIA. The state government was also told it could seek additional central forces if required.

Challenging the High Court’s order, the West Bengal government moved the Supreme Court. There, a bench headed by Chief Justice Surya Kant and Justice Joymalya Bagchi noted that the NIA had already been entrusted with the probe nearly a month earlier and an FIR had also been registered. However, the apex court refrained from giving an immediate view on the applicability of Section 15.

The Supreme Court directed the NIA to submit a sealed-cover report before the High Court indicating whether prima facie material existed to invoke the law. That report has not yet been filed.

Tension had erupted in Beldanga in January following the death of a migrant worker in Jharkhand. The unrest led to multiple incidents of violence, vandalism, railway blockades, demonstrations on the national highway and attacks on journalists. Police had to resort to baton charge to control the situation. Later, 35 accused persons were arrested after examining CCTV footage. Following High Court directions, the case was handed over to the NIA for investigation.

Hindusthan Samachar / Satya Prakash Singh