Proclaim Emergency in West Bengal under Article 356: NGO moves Supreme Court [Read Petition]

An NGO (Indic Collective Trust) has approached the Supreme Court seeking a declaration from the Court that the Constitutional Machinery of West Bengal has broken down so President’s rule can be imposed under Article 356 of the Indian Constitution.

This petition was filed after the State reported widespread violence by followers of TMC against members of BJP after Assembly election results were declared on May 2.

The petitioners also requested that a Special Investigation team helmed by a former Supreme Court judge should be formed to assess if any politicians were involved in the case. Another prayer was that the Centre should send the army and CRPF to contain the violence and restore law and order.

In the petition, it is pointed out that there are several articles and news reports chronicling that were meted out against supporters of political parties that opposed TMC in State elections.

According to the petitioners, the State government neglected its duties to either direct the police or pass directions to maintain law and order in the State.

The petitioners also sought directions that a Special Court should be set up to hear the case and dispose of the case and prosecute the people who are found to be involved in the case.

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It was also submitted that fundamental rights of freedom of expression and right to life and liberty of people were violated in the State.

On the issue of invocation of Article 32 and on the issue of maintainability, it is stated that power to issue writs under Article 32 is plenary in nature and is not limited by any provision of the Constitution. 

The NGO also stated that there is an urgent need for intervention of the Court, and the situation in West Bengal is politically charged and volatile, and there are consequences against liberty and lives of individuals.

Click to Read/Download Petition

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