The Supreme Court has decided to examine a plea for invoking Article 355 of the Constitution, which casts a duty on the Union government to protect the State from external aggression or internal disturbances, in Bengal in the wake of recent violence over the amended waqf law, but wondered whether it could issue any directive following criticism over alleged judicial overreach.
“What, you want us to issue a writ of mandamus (directive) to the President to impose this Article? As it is, we are facing allegations of encroaching on executive. We are being accused of intruding into legislative and executive domains,” Justice B.R. Gavai, who is slated to take over as the next Chief Justice of India (CJI), on Monday asked advocate Vishnu Shankar Jain, who appeared for applicants, Devdutt Maji and Mani Munjal.
The bench, which included Justice George Augustine Masih, made the oral observation after Jain sought listing of the application for being heard on Tuesday, since a petition relating to violence during the 2021 Bengal Assembly polls filed by Ranjana Agnihotri was coming up for hearing on the same day.
Article 355 of the Constitution empowers the Centre to issue any direction to a state facing external aggression or internal disturbances.
Although the bench did not refer to any particular issue or individual, the oblique reference was to the recent criticism of the judiciary by Vice-President Jaideep Dhankar and BJP MP Nishikant Dubey.
The bench later asked the counsel to serve a copy of the application on the Union government so that it could come prepared with its response.
The application filed through advocate Parth Yadav has referred to various violent incidents in Bengal since 2021, particularly against the Hindu community, including last year’s Sandeshkali violence and also the recent exodus of people from Murshidabad and other places in the state.
The applicants have sought the following directions from the Supreme Court:
A) Appoint a three-member committee headed by a retired judge of the Supreme Court and consisting of two retired high court judges to inquire into the incidents of violence, human rights violations, crimes against women from 2022 till April, 2025, and particularly, the violence occurred in April, 2025, in Murshidabad district, and submit report to the Supreme Court within the time provided by the court.
B) Direct the central government to deploy paramilitary forces in the disturbed areas of Bengal to save the lives and property of citizens.
C) Direct the Centre to consider issuing necessary directions to the state government under Article 355 of the Constitution·
D) Direct the state government to ensure and protect the life, liberty and dignity of the citizens by taking all necessary measures and implementing the provisions contained in Articles 14, 21 and 25 of the Constitution in letter and spirit.
E) Direct the state government to submit a report regarding the persons who had to migrate to Assam and other nearby states, and how many such persons have been rehabilitated.
Another bench comprising Justice Surya Kant and Justice N. Kotiswar Singh asked the petitioner and advocate Shashank Shekhar Jha who had sought a court-monitored special investigation team (SIT) to probe the communal and political violence in Bengal to file a better petition by impleading the necessary persons.
The bench noted that the present petition had not impleaded as respondents several persons whom he had accused of being responsible for the violence.