Calcutta HC dismisses PIL on Bengal anti-social act

Kolkata, Aug 6 (IANS) A division bench of the Calcutta High Court on Thursday dismissed a public interest litigation (PIL) challenging the recently promulgated West Bengal Public Safety & Control of Anti-Social Activities Act, 2026. The Bill was tabled and passed in the Assembly on June 29 this year.

The division bench comprising Acting Chief Justice Tapabrata Chakraborty and Justice Partha Sarathi Chatterjee said that since the Act was yet to receive final concurrence from the office of President Droupadi Murmu, no “advance hearing” on its implications was possible.

The bench observed that if in the future the state government issues any notification implementing the Act after approval from the President’s Office, or any action is taken on its basis, the petitioners could then approach the court. Only then would the court consider any petition as per legal provisions.

The PIL came up for hearing in the second half on Thursday. At the beginning of the hearing, Advocate General Surajit Nath Mitra informed the court that the Act was yet to get final approval from the President’s Office. Hence, it would not be proper to raise questions on its effectiveness now. Based on this argument, the bench refused to allow “anticipatory” or “advance” hearing and dismissed the PIL.

In the PIL, the petitioner mainly opposed the provision permitting police to keep any individual identified as a danger to public safety under preventive detention for a year.

Opposition parties and sections of civil society have been vocal against this provision since the Bill was passed in June and subsequently became law after Governor R.N. Ravi gave his assent.

The PIL highlighted apprehensions of misuse of the detention provision.

Despite opposition, the ruling Bharatiya Janata Party (BJP) defended the provision, arguing that preventive detention would be effective only after following proper procedure, where the individual concerned would be given a chance to defend himself before an advisory board constituted to assess the reasonableness of the detention.

The new law also provides for an “externment order”. If a District Magistrate or police officials of the rank of Superintendent or higher determine that a person, particularly a known criminal or troublemaker, poses a risk of inciting unrest in a specific location, they have the authority to mandate the individual’s removal from that area or the entire district for up to one year.

Chief Minister Suvendu Adhikari has already announced that law-abiding citizens will not have to worry about the new law, which is meant for proven anti-social elements, history-sheeters, rowdy elements and individuals with proven charges of corruption.

–IANS

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