“Bengal Riots Case: SC’s Authority Under Scrutiny”

Facing charge of encroaching into executive: Supreme Court on Bengal riots plea

The Supreme Court on Monday made a passing remark on allegations of judicial overreach by a section of BJP leaders while hearing a petition seeking President’s rule in violence-hit West Bengal.

The top court has come under criticism from BJP leaders against the backdrop of two important rulings – setting a timeline for the President to take decisions on bills sent by governors and staying of certain provisions of the amended Waqf Act.

While hearing the petition seeking the President’s rule in Bengal and the deployment of paramilitary forces, a bench of Justices BR Gavai and Augustine George Masih said, “You want us to issue a writ of mandamus to the President to impose this? As it is, we are facing allegations of encroaching into the executive (domain).”

The remark holds significance as Justice BR Gavai, who will take over as the Chief Justice next month, will likely be dealing with petitions against the Waqf law.

We are alleged of encroaching upon parliamentary and executive functions: SC

“As it is, we are alleged of encroaching upon the parliamentary and executive functions,” Supreme Court’s judge B R Gavai said on Monday in an apparent reference to recent attacks on the judiciary. Justice Gavai’s comment came while the apex court bench, also comprising Justice Augustine George Masih, was considering a fresh plea seeking an inquiry into the recent violence in West Bengal during anti-Waqf law protests.

Advocate Vishnu Shankar Jain, who had filed a PIL in 2021 on behalf of two petitioners seeking President’s Rule in West Bengal in the wake of violence following assembly polls, urged the bench to take up a fresh plea for hearing on Tuesday.

Jain said the 2021 plea was listed for hearing and the fresh application bringing out more incidents of violence in West Bengal also be heard.