Supreme Court on plea seeking Article 355 action in Murshidabad: ‘As it is, we are alleged…’
A plea sought Article 355 action in Murshidabad in response to what was described as "external aggression and internal disturbance" in Bengal.
The Supreme Court on Monday appeared surprised over a petition seeking the invocation of Article 355 in West Bengal, citing violence in Murshidabad district during protests against the Waqf Amendment Act.
Advocate Vishnu Shankar Jain mentioned the matter before a bench comprising Justice BR Gavai and Justice Augustine George Masih.
The petitioner sought a direction to the Union Government to act under Article 355 of the Constitution in response to what was described as "external aggression and internal disturbance" in West Bengal, according to LiveLaw.
Vishnu Jain Shankar sought liberty to file an application in the petition, which is scheduled to be heard on Tuesday. He argued for the deployment of central forces in the state and requested permission to submit additional facts on record.
Reacting to the mention, Justice Gavai remarked on the Court already being accused of overstepping into executive and legislative functions.
"You want us to issue mandamus directing Union..? As it is, we are alleged of intruding on Parliamentary and Executive functions," LiveLaw quoted Justice Gavai as saying.
SC's direction to President on assent to bills
His comments appeared to refer to the recent controversy surrounding the Supreme Court’s direction to the President on granting timely assent to bills. Just last week, Vice President Jagdeep Dhankhar had sharply criticised the Court's directive to the President.
Violence erupted on April 11 in West Bengal's Murshidabad, a Muslim-majority district, during a protest against the Waqf (Amendment) Act which recently became a law after getting passage in Parliament and President's nod.
The protest turned violent, resulting the death of a father-son duo, and left several injured along with some properties damaged. Scores of people fled their homes in Murshidabad after the violence in search of safety.
The protest later spread to other districts, including Malda, South 24 Parganas, and Hooghly, where incidents of arson, stone-pelting, and road blockades were reported.
Vice President Jagdeep Dhankhar on Thursday questioned the judiciary over setting a timeline for the president to take decisions and act as a "super Parliament", saying the Supreme Court cannot fire a "nuclear missile" at democratic forces.
Also Read: Vice President Jagdeep Dhankhar stirs row with Article 142 'nuclear missile' for Judiciary remark. What is it?
Dhankhar's strong words to the judiciary came during his speech to Rajya Sabha interns, days after the Supreme Court sought to fix a timeline for the president to grant assent to the bills reserved for her consideration by the governor.
"So, we have judges who will legislate, who will perform executive functions, who will act as super Parliament and absolutely have no accountability because the law of the land does not apply to them," Dhankhar said.
