The Calcutta High Court on Thursday declined to order an NIA(National Investigation Agency) probe into last week’s violence in Murshidabad during protests against the new Waqf law. Instead, the court directed forming a three-member committee to identify and rehabilitate those displaced by the unrest. The Division Bench, comprising Justice Soumen Sen and Justice Raja Basu Chowdhury, emphasised that the immediate priority was to ensure the safety and resettlement of people affected by the violence and arson.

The committee will include one representative each from the National Human Rights Commission, the West Bengal State Human Rights Commission, and the State Legal Services Authority. The court also directed that central security forces should continue to be stationed in the affected areas for the time being. It warned against making any inflammatory remarks regarding the Waqf Amendment Act.

"We deem it appropriate to constitute a committee consisting of three officers who shall monitor and coordinate the situation," the court said.

The court instructed the committee to identify those who were displaced, assess the extent of damage to their properties, and gather details of the FIRs that have been filed. Additionally, the committee was tasked with helping victims file FIRs and ensuring their welfare before they are fully rehabilitated.

The state administration was ordered to provide the necessary support and resources to help the committee fulfil its responsibilities per the court’s directions. The committee and the Special Investigation Team (SIT) set up by the state government were asked to submit their reports by the next hearing, scheduled for May 15.

The High Court, in its order, declined to approve the petitioner’s request for an NIA probe, stating, “The prayer for NIA at this stage is not considered in view of the fact that no adequate materials have been placed before us.” At the same time, the court noted that the Central Government has the authority under Section 6(5) to initiate an NIA investigation on its own if it believes the offences fall under the NIA Act of 2008.

The court observed, “It appears that the central government is yet to take a decision on this aspect of the matter. Our observation shall not stand in the way of the Central government to exercise its power suo motu if the situation warrants.” The order further said: “It is expected that all the parties and stakeholders shall make sincere attempts for the restoration of peace, tranquillity and normalcy in the disturbed areas. “

The case is scheduled to be heard on May 15. BJP leader and lawyer Priyanka Tibrewal stated to The Indian Express, "A three-member committee has been formed where the victims can register their complaints, and the state government has been asked to make a scheme. I have been given permission to meet the victims.”

State’s counsel Kalyan Banerjee stated, “I have no issue regarding the formation of the three-member committee. I have made submissions on the basis of the report by the state police. The allegations made are completely false. They wanted NIA or CBI… The report is exhaustive…The judge is satisfied. We had no objection to central forces staying, as for us, human life is important. We are a secular state. A committee will be constituted; we have no objection to it. When peace is prevailing, they are trying to politicise it.” 

On Wednesday, Tibrewal approached the court asking for help in providing shelter to those left homeless due to the violence. During Thursday’s hearing, the court asked Tibrewal, “Have you spoken or met with those who have been displaced?” Tibrewal informed the court that out of 90 displaced families, only six individuals had been able to return to their homes. She said, “There is a list of the victims who are in a primary school in Malda. I have come to know that BSF has tried to take them back home, but in the case of these people, their houses are burnt, they crossed the river and are in Malda. We want rehabilitation, restoration, and something has to be done by the state, and a report be filed by the NHRC team. Now, we know that NHRC has taken cognisance of the matter and wants to come and file a report…”

At the same time, Additional Solicitor General Ashok Chakraborty told the court, “17 companies deployed. The situation is sensitive, and a report recommends continuing the deployment of forces to maintain and protect the law and order situation. We will apprise the Home Minister. The report says there is apprehension in other districts as well, so kindly apprise if the deployment is for Murshidabad or other districts as well.” “We (BSF) need independent power. In cooperation with the state police means that the police will control the BSF. The BSF is saying they cannot move without the permission of the state,” he argued.

Petitioner and lawyer Billwadal Bhattacharya highlighted the use of bombs during the violence, saying, “We want the investigation to be conducted by a national agency as bombs were used. We have video footage. The state and union will be able to say how the situation is. We have given photos as to how the attack had taken place.”

He further stated, “The pen drive is there showing bombings and attacks in the presence of police personnel. The UAPA Act will also come, and the NIA Act. The attack started on Friday, and it continues. It is happening from district to district. It happened in Mothabari, now it is in Murshidabad.”

Bhattacharya also mentioned, “There are reports that there are Bangladeshi miscreants who are involved in this Waqf protest. BSF DIG stated that there were petrol bombs hurled. There have been two deaths — father and son — who fell victim to the rioters. We do not know what the situation now is; the internet is suspended, the State and Union can say. We have asked for an NIA probe.”