While hearing a plea on recent violence in West Bengal, Supreme Court Justice B R Gavai remarked that the judiciary is often accused of encroaching on parliamentary and executive domains. His comment appeared to be a response to recent criticisms targeting the judiciary. The bench, also comprising Justice Augustine George Masih, was addressing a new application linked to a 2021 PIL that sought President’s Rule in West Bengal due to post-poll violence. Advocate Vishnu Shankar Jain, representing the petitioners, requested the court to hear the new application highlighting fresh instances of violence during anti-Waqf law protests.
Jain argued that more violence had occurred recently and emphasized the need for paramilitary deployment and urgent intervention. He cited Article 355 of the Constitution, which tasks the Union government with safeguarding states from internal unrest, and suggested that the Supreme Court could request a status report from the state. The 2021 petition had already led to notices being issued to the Centre, West Bengal government, and Election Commission, and Jain expressed readiness to provide evidence of the ongoing unrest during the scheduled hearing.
The recent unrest in West Bengal has prompted multiple petitions demanding a court-monitored investigation into the violence related to the Waqf (Amendment) Act. Deadly clashes broke out in Murshidabad and Bhangar areas, leaving at least three people dead and hundreds displaced. The backdrop of the case includes political figures criticizing the judiciary—Vice President Jagdeep Dhankhar condemned judicial overreach, accusing the Supreme Court of acting like a “super Parliament,” while BJP MP Nishikant Dubey suggested legislative bodies were redundant if courts made laws and even blamed the Chief Justice for fostering religious tensions.