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Calcutta High Court reserves order on PIL for NIA probe in Ram Navami violence case

The Calcutta High Court said that the recent violence that broke on the Ram Navami in Howrah and Dalkhola was pre-planned’, and that there was a failure of intelligence on part of the State Police 

A Division Bench comprising of Acting Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya reserved the order on a plea which was filed by Suvendu Adhikari,who is the Leader of Opposition (LoP) seeking a transfer of the probe into the violence to the National Investigation Agency (NIA). 

The ACJ said that suspension of internet usually takes place only when there is an urgency or emergency.

The court further said that it is starnge that for a religious procession, the internet was suspended..

It further said that the sudden violence is when people are walking and there is an altercation etc but in the state the prima facie reports show that it was all pre-planned.

The ACJ said the allegations of stones being hurled from rooftops is not possible without pre planning.

The Court pointed out that the problem was two-fold. 

it said that go begin with, there is tension between two groups, but the worst part s that there is a third group which is taking advantage of the enmity between these two groups, which needs to be probed.

The Court said that it believes that a central agency can probe this aspect better for identifying this outside source.

The ACJ said somebody would have set the fire, set the ball rolling, so to identify that source, unless there is a central agency you cannot probe.  

The court said that the measures were taken to disburse the crowd from the site, which included tear gas shells, pellet guns etc. It also took into account the damage caused to vehicles which shows that it was a large scale violence.

Advocate General SN Mookherjee however said that no outside probe was needed as the police was properly investigating the case.

The AG added that the participants of the procession were carrying swords which were not allowed. He also pointed out that members of the other community were also armed with weapons. 

The AG pointed out that as far as there are allegations with regards to acts of bombing etc and that some houses were set on fire as alleged by petitioner are totally baseless. Our report specifically deals with the allegations of bombs being used in the violence.

The Bench was apprised of the fact that both Hindus and Muslims, including 14 policemen, have sustained severe injuries in the violence.

After hearing the AG and referring to the reports of the State, the Bench said that the issue of violence, especially during religious events, has become common in West Bengal.

The AG highlighted that the recent decision of the State to impose 27 conditions on those seeking to carry out processions should be used as a template for all religious or political rallies. 

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