The high court on Monday directed the Bengal government to file an affidavit by Wednesday stating details of the violence in the state over the enactment of the Citizen (Amendment) Act.
The court order followed a public interest litigation by a resident of Howrah in which he had alleged that instigation by Bengal chief minister Mamata Banerjee had caused violence across the state and police had failed to combat the situation. The court also asked the government to give an estimate on the extent of loss of public property since the protests started on December 13.
Advocate Smarajit Roy Chowdhury moved the petition on behalf of Surajit Saha, but sources said the state unit of the BJP was behind the PIL. The petitioner also sought adequate compensation for the loss properties owned by the central government in Bengal and an ex gratia of Rs 10 lakh each to the victims, if any.
“It will be heard by the division bench of Chief Justice T. B. N. Radhakrishnan and Justice Arijit Banerjee on Wednesday,” a court officer said after the PIL was admitted.
Roy Chowdhury said the chief minister’s public announcement to defy the Act was the root of every problem that the state was facing now.
“The chief minister had openly announced that Bengal would not implement the CAA. Being the chief minister of the state, she has no authority to make such an announcement. After her announcement on December 13, turmoil had started in different areas of the state and properties belonging to both the Bengal and the union governments were damaged,” Roy Chowdhury said.
The lawyer also said: “The relation between the state and the Centre deteriorated after the chief minister’s decision to defy the Centre and public in general are scared by the developments.”
After hearing Roy Chowdhury, Justice Radhakrishnan said: “This court cannot adjudicate the political issue involved in the PIL. Only the Supreme Court has the authority to hear the issues involved in the Constitution. This court can merely take decision on loss of government properties.”
