HC expresses concern over violence in Murshidabad

UPSC Study Note: HC Expresses Concern over Violence in Murshidabad

1. At a Glance

• Murshidabad district, West Bengal, has witnessed recurrent communal and civic unrest (2025–26), drawing Calcutta High Court (HC) intervention through suo motu directions and PIL adjudication. [S1]
• The HC's interventions highlight constitutional duties of the State to maintain public order (Entry 1, State List, Schedule VII) and protect fundamental rights (Articles 14, 19, 21). [S1]
• Relevant for UPSC across GS-II (Judiciary, federalism, law & order), GS-I (social issues, communalism) and as a case study in judicial activism via Public Interest Litigation (PIL).
• The episode also raises questions about the role of central investigative agencies (NIA) versus State Police in sensitive law-and-order situations. [S2]

2. Why in the News

• January 16, 2026 — Beldanga Violence: A migrant worker originally from Beldanga, Murshidabad died while working in Jharkhand. His death triggered large-scale unrest; protesters blocked railway tracks and a National Highway for several hours. [S1]
• January 20, 2026 — Calcutta HC Order: The court, acting on two PILs, expressed grave concern over repeated incidents of violence and directed the Superintendent of Police (SP) and District Magistrate (DM) of Murshidabad to take immediate action. [S1]
• PILs filed by: (i) Suvendu Adhikari, Leader of Opposition, West Bengal Legislative Assembly; (ii) a local resident of Beldanga. [S1]
• Court deferred the question of an NIA probe (sought by Adhikari) pending submission of a State government report. [S1]
• Separately, April 2025 violence (Waqf-related, see §3) had already set a prior judicial precedent of HC-ordered central force deployment in the same district. [S2]

3. Background & Evolution

4. Core Static Facts

District Profile: - Murshidabad — district in West Bengal; administratively split into two police districts (Murshidabad and Jangipur). - Borders Bangladesh (makes NIA jurisdiction argument more potent under NIA Act, 2008). - Majority Muslim population (~66%, Census 2011); significant minority Hindu community.

Key Legal / Institutional Facts: - Public Interest Litigation (PIL): Introduced in Indian jurisprudence in early 1980s; any citizen can approach High Court (Article 226) or Supreme Court (Article 32) for public interest matters. - Article 226 — High Courts' writ jurisdiction (broader than SC's Article 32; includes non-fundamental right matters). - National Investigation Agency (NIA): Established under NIA Act, 2008; investigates offences listed in the Schedule, including terrorism, threats to national integrity, cross-border crimes. - Waqf (Amendment) Act, 2025 — the legislation whose protests triggered the April 2025 violence; amends the Waqf Act, 1995. - Entry 1, State List (Schedule VII): "Public order" — exclusive State responsibility; Centre can intervene under Article 356 or deploy forces only on State request or court order. - Superintendent of Police / District Magistrate: Key district-level officers responsible for law and order and civil administration respectively.

Key Numbers (April 2025 episode): - Deaths: 3; Injured police: 18+; Arrested: 150–300+ (reports vary) [S2][S3] - Displaced (from Dhulian area): 400+ Hindu families sheltered in Malda. [S2]

5. Multi-Dimensional Analysis

Legal / Constitutional

• HC's order under Article 226 directing SP and DM is an exercise of supervisory jurisdiction over executive machinery — reflects judicial activism.
• Request for NIA probe: Under NIA Act, 2008, NIA can suo motu investigate scheduled offences OR on State/Centre referral; a court cannot directly order NIA takeover without first examining if offence falls under Schedule.
• PIL as democratic tool: Both an Opposition politician and a private citizen invoked it, demonstrating horizontal spread of access to justice.

Administrative

• State vs. Centre tension: West Bengal government (TMC-led) has historically resisted central agency intervention; NIA's allegation of police withholding case diary (Feb 2026) exemplifies this friction. [S4]
• District administration (DM + SP) placed under direct court supervision — creates accountability but also potential for executive-judiciary friction.
• BSF/CRPF deployment in April 2025 occurred only after HC order, suggesting State reluctance to invite central forces.

Social

• Murshidabad violence has a communal dimension — violence in April 2025 involved inter-community displacement; January 2026 violence linked to migrant worker death (labour migration, economic distress).
• Migrant worker vulnerability: Workers from Murshidabad, one of West Bengal's poorest districts, migrate to states like Jharkhand for unskilled labour — their deaths or exploitation can trigger community grief turning into unrest.
• Minority displacement: 400+ displaced Hindu families in April 2025 raised concerns about communal safety and internal migration. [S2]

Geopolitical / Strategic

• Murshidabad's border location with Bangladesh makes communal unrest a potential trans-border security issue.
• NIA involvement is justified by the NIA Act's mandate to investigate crimes with cross-border or terror links — Adhikari explicitly cited the Bangladesh border in his PIL. [S2]

Ethical / Governance

• Police inaction allegation: HC-appointed fact-finding panel (May 2025) found "police were inactive at some places" — raises accountability concerns. [S3]
• Withholding of case diary from NIA (Feb 2026) points to issues of inter-agency cooperation and possible political shielding.

Historical

• Murshidabad has seen recurring communal tension since Partition (1947) — a historical pattern that contextualises modern unrest.
• PIL-driven judicial intervention in communal violence echoes Gujarat riots (2002) HC/SC interventions, Hashimpura massacre litigation, and post-Babri Masjid demolition cases.

6. Recent Developments (Last 12–18 Months)

• April 8–13, 2025: Waqf-Act-related violence in Murshidabad; 3 killed; Calcutta HC orders Central Forces deployment. [S3]
• April 2025: Suvendu Adhikari seeks NIA probe into railway property vandalism by Waqf protesters. [S2]
• May 2025 (Akshaya Tritiya): Temple restoration work in riot-hit Murshidabad begins; HC-appointed 3-member rehabilitation panel constituted. [S3]
• HC panel finding (2025): Reported police inaction at certain locations during April 2025 violence. [S3]
• January 16, 2026: Beldanga unrest — migrant worker's death in Jharkhand sparks protests; railway track and NH blocked. [S1]
• January 20, 2026: Calcutta HC — acting on PIL by Suvendu Adhikari and Beldanga resident — directs SP and DM to maintain peace; defers NIA question pending State report. [S1]
• February 2026: NIA approaches Calcutta HC alleging WB Police is refusing to transfer the Beldanga violence case diary. [S4]

7. Prelims Hooks

1. Murshidabad is the only West Bengal district that was once the capital of the Bengal Subah under the Nawabs — administrative seat before British conquest (Battle of Plassey, 1757, fought at Palashi, nearby).
2. Public Interest Litigation (PIL) in High Courts is filed under Article 226 of the Constitution; in the Supreme Court under Article 32.
3. The NIA Act, 2008 establishes NIA as a central counter-terrorism law enforcement agency; it can investigate offences specified in the Act's Schedule (includes terror, WMD, counterfeit currency, cross-border crimes).
4. "Public order" is a State subject under Entry 1, List II (State List), Seventh Schedule — the Centre cannot deploy central forces in a State without the State's request or a court order.
5. The Superintendent of Police (SP) is the senior-most IPS officer at the district level responsible for law enforcement; the District Magistrate (DM) is the head of civil administration.
6. The Calcutta HC issued directions to SP and DM of Murshidabad under its writ jurisdiction (Article 226) in response to two PILs — January 2026. [S1]
7. Violence in Beldanga, Murshidabad (January 16, 2026) was triggered by the death of a migrant worker from the region in Jharkhand — not by a communal dispute directly. [S1]
8. The April 2025 Murshidabad violence was linked to protests against the Waqf (Amendment) Act, 2025. [S2]
9. The Calcutta HC-appointed 3-member panel (2025) found that police were inactive at some places during the Murshidabad violence. [S3]
10. 150+ arrests were made in Murshidabad after the April 2025 Waqf-protest violence; BSF was deployed following HC direction. [S3]
11. Suvendu Adhikari — Leader of Opposition, West Bengal Legislative Assembly — filed one of the two PILs in the January 2026 Calcutta HC proceedings. [S1]
12. The NIA alleged (February 2026) that West Bengal Police refused to hand over the case diary related to Beldanga violence — an inter-agency friction case. [S4]

8. Mains Relevance

GS Paper Mapping:

Plausible Mains Questions:

1. "Recurrent violence in districts like Murshidabad raises questions about the limits of judicial intervention in executive law-and-order functions. Critically examine the role of High Courts in maintaining public peace through PIL jurisdiction." (GS-II, 15 marks)

2. "The reluctance of State governments to allow central investigative agencies like the NIA into law-and-order matters reflects the tension in cooperative federalism. Discuss with reference to recent developments in West Bengal." (GS-II, 10 marks)

3. "Labour migration from impoverished districts creates social vulnerabilities that can escalate into communal or civic unrest. Analyse the socio-economic dimensions of violence in Murshidabad and suggest preventive governance mechanisms." (GS-I / GS-II, 15 marks)

9. Related Topics to Study Next

10. Common Errors / Trap Areas

1. Confusing two separate violence episodes: The April 2025 Waqf-related violence (communal, 3 deaths, central forces deployed) is distinct from the January 2026 Beldanga unrest (triggered by migrant worker's death, railway/NH blockade). Do not conflate them — examiners may test dates and triggers.

2. Wrong Article for PIL: PIL in High Court → Article 226 (not Article 32, which is SC-only). Many aspirants write Article 32 reflexively.

3. "Public order" attribution error: Aspirants often assign "public order" to the Concurrent List — it is strictly Entry 1, State List (List II). "Internal security" has different entries. Get the exact List right.

4. NIA jurisdiction misconception: NIA cannot automatically take over any violence case. It investigates only offences in the Schedule to the NIA Act, 2008, or those referred by the Centre/State or ordered after HC review of the State's report — the court cannot directly hand over cases to NIA without this filter.

5. Suvendu Adhikari's role confusion: He filed the PIL as Leader of Opposition (LoP), West Bengal Legislative Assembly — not as an MP or a party functionary. The LoP has a constitutional/statutory recognition under the Salary and Allowances of Leaders of Opposition in Parliament Act — but at State level it is convention-based. Do not confuse with the LoP in Parliament.

11. Sources

• [S1] "HC expresses concern over violence in Murshidabad" — The Hindu, January 21, 2026 (Article content supplied as primary source) — https://www.thehindu.com/todays-paper/2026-01-21/ — (Tier 4)
• [S2] "West Bengal violence over Waqf Amendment Act erupts in Murshidabad; 118 arrested" — Newsonair (AIR News / Prasar Bharati — Government of India broadcaster) — https://www.newsonair.gov.in/west-bengal-violence-over-waqf-amendment-act-erupts-in-murshidabad-situation-under-control-118-arrested — (Tier 1-adjacent / Government broadcaster)
• [S3] "Calcutta HC orders immediate deployment of Central Forces in West Bengal's Murshidabad" — Newsonair — https://newsonair.gov.in/calcutta-hc-orders-immediate-deployment-of-central-forces-in-west-bengals-murshidabad; "Calcutta HC forms 3-member panel for rehabilitation" — https://newsonair.gov.in/calcutta-hc-forms-3-member-panel-for-rehabilitation-of-displaced-people-in-violence-affected-areas-of-murshidabad — (Government broadcaster)
• [S4] "NIA moves Calcutta High Court alleging West Bengal Police refuses to hand over Beldanga violence case diary" — Newsonair, February 20, 2026 — https://www.newsonair.gov.in/nia-moves-calcutta-high-court-alleging-west-bengal-police-refuses-to-hand-over-beldanga-violence-case-diary — (Government broadcaster)

Note: Newsonair is the official web portal of All India Radio / Prasar Bharati, a statutory body under the Prasar Bharati Act, 1990; treated as a government-proximate source. The Hindu article (S1) is the primary Tier 4 source for the January 2026 HC proceeding facts.