Sanchayita Lahkar

The High Court of Calcutta Division Bench of Justice Soumen Sen and Justice Raja Basu Chowdhury directed the State Government to ensure the rehabilitation of victims of the recent violence in West Bengal and restore them to their original residences after restoring public confidence. The Court also mandated the appointment of qualified valuation experts to assess the damage and recommended that the Special Investigation Team (SIT) conduct further investigations, applying appropriate penal provisions under the Bharatiya Nyaya Sanhita, 2023. The Court further instructed that all necessary expenses for the valuation process would be borne by the administration and ordered that the victims' demand for a permanent BSF camp be duly considered.

The proceedings arose from multiple writ petitions concerning large-scale violence across various districts of West Bengal, including Samsherganj in Murshidabad. The petitions were filed by various individuals and groups alleging that the State failed to maintain law and order, resulting in extensive destruction of properties and displacement of the Hindu community from the affected areas.

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The Court took note of the affidavits submitted by respondent Nos. 1 to 3 and 6, a supplementary affidavit from the petitioner in WPA (P) 155 of 2025, and a report by the Committee formed per the order dated 17th April 2025. Additionally, a report from the Special Investigation Team (SIT) was also placed on record.

The learned Additional Solicitor General referred to specific paragraphs of the affidavit to cite the migration of over 500 individuals from the Hindu community from the Samsherganj Police Station area to the Malda district. Intelligence inputs indicated an imminent deterioration of the law-and-order situation, prompting the deployment of additional Central Armed Police Forces. The State Government was also advised to monitor social media activities closely and take preventive measures to curb misinformation.

The State Government’s affidavit indicated that 1,093 social media accounts had been blocked since 11th April 2025. A rehabilitation project was formulated, and a sum of Rs. 3,69,60,000 was sanctioned to assist approximately 283 identified families. Each household was provided financial relief of Rs. 1.2 lakhs under the "Banglar Bari" Scheme. In addition, 40 sewing machines were distributed to riot-affected victims.

The Committee's report, supported by video evidence contained in a pen drive, revealed extensive damage to immovable properties, including houses, shops, and religious places in villages such as Betbona, Palpara, and Ghoshpara. The Committee observed that "at least one hundred houses in Betbona were destroyed and rendered uninhabitable." Further, it was noted that "there was flagrant use of channelized destructive forces that had brought about the near complete devastation of the immovable properties of the victims."

The Committee expressed its inability to quantify the damages, stating, "Although the District Magistrate, Murshidabad may be partly correct in asserting that the assessment of loss in respect of movables has an element of forensic investigation, there is no basis to the State's plan to compensate the victims uniformly, without taking into consideration the individual circumstances and characteristics of the sufferers." The Committee concluded that the appointment of qualified valuation experts was indispensable.

The victims conveyed their dissatisfaction with the police response, citing delays in registering complaints. However, following the Committee's intervention, the Secretary of the District Legal Services Authority (DLSA), Murshidabad, facilitated the registration of approximately 142 new cases. Despite the civil administration's post-incident efforts, victims expressed concern about their future security and the need for a permanent BSF camp in the affected areas.

The Court recorded that, "The victims appear to be in a sorry state of affairs. Their homes have been vandalized, sources of livelihood taken away, and movables of every possible kind pilfered and looted with impunity." The Court further observed that the victims were visibly traumatized, and there was a common grievance regarding the lack of timely police assistance.

Addressing the inadequacy of uniform compensation, the Court stated, "Compensating the victims by giving each of them Rs. 1.20 lakhs under the scheme 'Banglar Bari' may not do justice to all as the damaged and destroyed houses, differing in size and constructional features, do not admit of uniform financial salve."

Regarding the role of law enforcement, the Court noted that "the vandalism and massacre are premeditated and appear to be an organized crime." The Court further observed, "The persons so far arrested and the cases registered are not commensurate with the large scale of violence and it presupposes involvement of a large number of miscreants."

The Court also took cognizance of the victims' demand for a permanent BSF camp and observed, "We are sure that the State shall take note of such anxiety expressed by the victims and take appropriate measures in this regard. Their demand for a permanent BSF camp in the affected areas shall also be considered."

The Court directed that "the victims must be restored to their original place after restoring confidence in the system." It mandated the State Government to ensure proper shelter and accommodation for the victims during the interim period and to guarantee their safety and security upon restoration and rehabilitation.

The Court instructed the Committee to appoint a valuer from the panel of the High Court at Calcutta at the earliest to assess the extent of the damages. The District Magistrate was directed to provide full assistance to the appointed valuer, and the Secretary of the DLSA, Murshidabad, was ordered to assist during inspections.

All costs, charges, and expenses related to the valuation process were to be borne by the State administration.

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The SIT was instructed to conduct further investigations, considering the recommendation of the Committee to apply penal provisions under Sections 103(2), 113(2)(a), and 113(2)(b) of the Bharatiya Nyaya Sanhita, 2023, in appropriate cases.

The Court further directed, "The list of victims prepared by the Committee on 27th April 2025 shall be circulated amongst the parties. We require the State to respond to their rehabilitation and payment of compensation."

The matter was adjourned to 31st July 2025, and the SIT was directed to file its report before the next hearing date.

Advocates Representing the Parties

For the Petitioners: Mr. Soumya Majumdar, Sr. Adv; Mr. Billwadal Bhattacharyya, Sr. Adv; Mr. Koustav Bagchi; Mr. Anish Kumar Mukherjee; Mr. Suryaneel Das; Ms. Megha Dutta; Mr. Tamoghna Pramanick; Mr. Sudipto Moitra, Sr. Adv; Mr. Moyukh Mukherjee; Mr. Pritam Roy; Ms. Sagnika Banerjee; Ms. Sanjukta Samanta; Mr. Ronit Dutta; Ms. Priyanka Tibrewal (in person); Mr. Krishnendu Sarkar; Mr. Biswaranjan Bhakat; Mr. Rajashree Chatterjee; Mr. Govind Jethalia; Mr. Anindu Sundar Das; Mr. Sujit Bhunia; Mr. Shaunak Ghosh; Mr. Tarun Kumar Das; Mr. Arka Bhattachariya; Mr. Debapriya Samanta; Syed Ali Afzal; Mr. Suva Gayen; Ms. Paramita Mondal; Mr. Suman Halder.

For the Respondents: Mr. Asok Kr. Chakraborty, Ld. ASG; Mr. Kumar Jyoti Tiwari, Sr. Adv; Ms. Rashmi Bothra; Mr. Siddhartha Lahiri; Mr. Arijit Majumdar; Mr. Arun Kumar Maiti (Mohanty); Mr. Bhaskar Prosad Banerjee; Mr. Debasis Tandon; Mr. Debayan Sen; Mr. Kalyan Bandyopadhyay, Sr. Adv; Mr. Sirsanya Bandyopadhyay, Sr. Standing Counsel; Mr. Ranashis Mukherje; Mr. Abhinaba Chatterjee; Mr. Swasato Chatterjee; Ms. Amrita Pandey.

Case Title: Suvendu Adhikari & Anr. Vs. State of West Bengal & Ors. and connected matters

Case Numbers: WPA(P) 153 of 2025, WPA 8700 of 2025, WPA(P) 154 of 2025, WPA(P) 155 of 2025, WPA(P) 156 of 2025, WPA(P) 159 of 2025

Bench: Justice Soumen Sen, Justice Raja Basu Chowdhury

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