New Delhi, April 21 The Supreme Court on Monday dismissed, as withdrawn, a public interest litigation (PIL) seeking the formation of a five-member judicial enquiry commission under the chairmanship of a retired apex court judge to enquire into the violent protests that erupted against the Waqf (Amendment) Act, 2025 in West Bengal’s Murshidabad.
"You file a fresh petition," a bench of Justices Surya Kant and N.K. Singh told the PIL litigant after he sought permission to amend the plea in view of the "serious speech made against the Chief Justice of India".
The Justice Surya Kant-led Bench emphasised that the averments made in the petition should not infringe the "dignity and decorum of the institution".
"Our averments should be decent, responsible and respectful. In a petition under Article 32 of the Constitution, we always expect petitioners to raise good questions of law," it said.
Ultimately, the apex court allowed withdrawal of the PIL with liberty to file a fresh petition with comprehensive averments.
The plea, filed by advocate Vishal Tiwari, sought directions to the West Bengal government to file a status report on the clashes/riots which took place during the protest against the Waqf Amendment Act, apart from taking action and curbing the hate speeches made with respect to any community.
Further, the PIL sought direction to the Union Home Ministry to issue an advisory to Chief Secretaries of all the states to curb the hate and provocative speeches by the political parties or their leaders.
As per the petition, protests erupted across various parts of the country after the enactment of the Waqf (Amendment) Act, with demonstrations taking place in West Bengal, Jammu and Kashmir, Manipur, Chennai, and Bengaluru.
"In West Bengal's Murshidabad District and North 24 Parganas, violence erupted in the protest against the Waqf Amendment Act. The violence has led to deaths and destruction of property. Stones were pelted, and several police personnel were also injured. Prohibitory orders and an Internet ban remained in place in various areas of Murshidabad. Train services were hit as protesters blocked the rail tracks," it said.
The petition added that it may be a good opportunity for politics, and some of the political parties use the religious sentiments to gain political mileage. "Instead of maintaining peace, the politicians give provocative speeches, which makes the situation worse. The Chief Ministers or ministers who, while sitting in tightened security, speak whatever they want and sometimes their speeches are filled with hate and provocation targeting a particular religion and people," it further stated.
Last week, a bench headed by CJI Sanjiv Khanna expressed its concern over violence taking place amid protests against the Waqf (Amendment) Act, 2025, as it dealt with a clutch of petitions challenging the validity of the contentious amendments introduced to the Waqf Act, 1995. "One thing that is very disturbing is the violence which is taking place. Once the matter is before the court, it should not happen," remarked the Bench, also comprising Justices Sanjay Kumar and K.V. Viswanathan.
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