Top Court Raps Petitioner Over "Unsubstantiated" Plea On Bengal Violence

The Supreme Court on Monday pulled up a petitioner for his "unsubstantiated" claims in a PIL seeking a court-monitored probe into the violence in West Bengal over the Waqf (Amendment) Act.

A bench of Justices Surya Kant and N Koiswar Singh allowed the petitioner in-person advocate Shashank Shekhar Jha to withdraw the petition and granted him the liberty to file a fresh plea.

The top court, however, pulled up Mr Jha over the averments in the plea and said they were without any proper verification and without adding the necessary parties.

"You seem to be in some kind of hurry," the bench said.

The bench went on, "We should always maintain the integrity and decorum of the institution...Think about what averments are required to be made, and required to be struck off. Don't seek publicity. Think with a cool mind." Justice Kant told Jha that the Supreme Court was a court of record, where every order and pleadings mattered.

"This court is a court of record. The pleadings filed in the court and orders passed by this court will be there for posterity. In future, when someone will see the pleadings of this case, do you think they will like it? Hence, we are again saying that withdraw this petition and file a fresh one. There is a need to maintain decency in the pleadings and avoid offensive statements," he said.

The counsel said he was constrained to move the top court as people from violence-hit Murshidabad district were forced to take shelter in neighbhouring states.

"Where are those aggrieved persons? Have you made mention of those persons. Have you verified their claims? We respect every citizen who wants to come to us. They are welcome here. But with a sense of responsibility. One has to be careful with the averments made," the judge added.

On the "unsubstantiated averments" made against persons who were not made parties in the petition, the the judge said, "You are making allegations against individuals who are not before us. Can we accept these allegations and examine them behind their back? You have not impleaded them." When Jha agreed to amend and file a fresh petition, Justice Kant said, "That is why we at the outset said, you were in a hurry...Yes, we want justice to be done to the voiceless people, but you have to do it in a proper manner. Not like this." The bench then allowed Mr Jha to withdraw his plea and a file a fresh one with "better and appropriate particulars".

Mr Jha's plea sought a court-monitored probe, carried out by a special investigation team and sought a direction to West Bengal to give a report on the violence and its measures to ensure the protection of people's lives and their properties.

The Calcutta High Court recently ordered the deployment of central forces in Murshidabad.

Several people were killed and hundreds rendered homeless in communal violence in parts of the district, mainly Suti, Samserganj, Dhulian and Jangipur, on April 11 and 12 during protests against the newly-enacted law. 

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