Kolkata, April 21 The Calcutta High Court’s Division Bench of Justice Arijit Bandopadhyay and Justice Apurba Sinha Roy, on Tuesday recused from hearing the case on whether Sections of the Unlawful Activities (Prevention) Act (UAPA), 1967 would be applicable in the case related to violence at Beldanga in minority-dominated Murshidabad district in January this year.
The matter had now been referred to the Calcutta High Court’s Chief Justice, Sujay Paul.
While recusing from hearing the matter, the Division Bench of Justice Bandopadhyay and Justice Roy observed that whether the UAPA Sections would be applicable or not could only be decided by a Bench headed by the Calcutta High Court’s Chief Justice.
However, the Division Bench of Justice Bandopadhyay and Justice Roy heard the matter regarding the petition of the National Investigation Agency (NIA) challenging the decision of a lower court, which had granted conditional bail to 15 out of 35 accused people in the matter.
In its petition, the NIA had argued that since the agency was investigating as per the direction of the Supreme Court, the lower court could not grant bail in this way during the probe.
At the end of the hearing, the Division Bench observed that if the NIA could provide sufficient evidence in support of their arguments against the bail for 15 accused people, their bail would surely be cancelled.
Last Saturday, a special court of the NIA granted conditional bail to 15 of the 35 accused in connection with the violence that erupted at Beldanga in Murshidabad district earlier this year.
The violence erupted over the death of a migrant worker in neighbouring Jharkhand. The tension flared up after the body of the migrant worker reached Beldanga.
The local protesters alleged that the migrant worker was lynched in Jharkhand because of religious and linguistic reasons. The protests started with the blockade of railway tracks and roads at Beldanga.
When the police tried to lift the blockade, the protesters set up an ambush with the security personnel. Some journalists were also attacked by the protesters, some of whom got severely injured.
Later, the Jharkhand Police issued a statement, citing the post-mortem report that termed the migrant worker’s death a case of suicide.
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