JUDGMENT :

SUJOY PAUL, CJ.

1. We have heard Sri Billwadal Bhattacharya, learned senior counsel for the petitioners. Sri Ashoke Kumar Chakraborty, learned Additional Solicitor General represents for the Union of India and Sri Kalyan Bandyopadhyay, learned senior counsel for the State.

2. By filing this CAN 1 of 2026, in the instant Public Interest Litigation (WPA (P) 153 of 2025), the petitioners have highlighted the incident of riot and damage to public property targeting a community etc., which had taken place on 16/17.01.2026. In the relief, it is prayed for issuing immediate directions for deployment of Central Forces in and around area of Beldanga, Murshidabad and the adjoining areas in the light of previous directions issued by this Court in the instant matter on 12.04.2025. Secondly, it is prayed that an enquiry/investigation be directed to be conducted by respondent no.5 in order to apprise the Court about recurring incidents of communal violence, arson, destruction of public and private property and disruption of public infrastructure in the District of Murshidabad, West Bengal and other border areas.

3. Lastly, it is prayed to pass an order promulgating prohibitory orders under Section 163 of B.N.S.S., 2023 without further delay.

4. Sri Billwadal Bhattacharya, learned senior counsel submits that on 16.01.2026, sizeable number of persons were protesting against the death of migrant worker in Jharkhand. On the next day, the mob used force and damaged public property, assaulted the Government officials and the police personnel. They were armed with various kinds of weapons. This act falls within the ambit of a “terrorist act”, as envisaged in Section 15 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as “U.A.P.A. Act”). By taking this Court to Chapter – III Section 6 of the National Investigation Agency Act, 2008 (hereinafter referred to as “NIA Act”) coupled with the Entry – II of the Schedule appended to the Act it is argued that it is the statutory obligation on the part of the Officer-in-Charge of the Police Station to receive the information under Section 154 of the Cr.P.C. and in turn, forward the report to the State Government forthwith. On receipt of such report, the State Government is also under an obligation to mandatorily forward the report to the Central Government as expeditiously as possible. By placing reliance on Sub-Section 5 of Section 6, Sri Bhattacharya submits that a non obstante clause is put in the opening of Sub- Section 5, which makes it clear that Central Government has independent and suo motu power to look into the matter and direct agency to investigate any offence covered under the NIA Act.

5. It is submitted that earlier this Court in the instant matter passed a detailed order when the violence broke out on 11th April, 2025. This Court passed certain directions and in order to bolster the same, reliance is placed on paragraphs 16 and 18 of the said order. It is submitted that a plain reading of paragraph 15, 25, 31 and 32 of the PIL will make it clear that the present incident of violence at Beldanga is in continuation of the earlier incident and cannot be seen as an isolated incident.

6. Sri Bhattacharya further submits that the assembly of 100 persons with arms, assault on police, damage of public property and vandalism is highly objectionable. It is further canvassed that the district Murshidabad connects the North Bengal with South Bengal. Thus, its position is very crucial and in the instant matter, National Highway No.12, which passes through Mursdhibdad was disrupted, which resulted into stoppage of food supply and other materials. Considering this grave situation, the State Government ought to have utilized the Central Armed Forces available in the area and Central Government should have also examined whether there exists a need of deployment of further armed forces. Both the Governments need to protect the life of the people.

7. Sri Kalyan Bandyopadhyay, learned