3 weeks ago
Calcutta HC told Bengal's anti-goonda laws not yet in force
In West Bengal, a part of India, the government made new rules about stopping people they call troublemakers.
Some people call the new rules the 'Goonda Act.'
Before a rule can become a real law, important people have to agree to it.
The governor agreed, but the President of India has not agreed yet.
That means the rules are not really law right now.
Some lawyers think the rules are unfair because they would let the government keep a person locked up for a whole year.
The Constitution says only the country's government, not a state, can make long detention rules like that.
A big court, the Calcutta High Court, said it cannot talk about the 'Goonda Act' yet because it is not a law.
But the court will listen to the lawyers about the other rule in September.
The lawyers who think the rules are unfair are glad the court is paying attention.
Calcutta High Court declined to hear a challenge to the "Goonda Act" after the West Bengal government said the anti-goonda bills are not yet in force.
The two bills passed by the state Assembly still await the President's assent, a requirement before they can be notified and become law.
Suvendu Adhikari had announced a July 13 rollout after the Assembly passed the bills on June 29, despite the legislations not being enforced.
The court will hear the challenge to the West Bengal Maintenance of Public Order (Amendment) Bill, 2026 on September 16, with the state's affidavit due by September 10.
Petitioners APDR and AILU argue the "Goonda Act's" 12-month detention clause violates Article 22, which limits states to three months of preventive detention.
- Who
- The West Bengal government, which told the court the bills are not yet law; Calcutta High Court acting Chief Justice Tapabrata Chakraborty; and petitioners Association for the Protection of Democratic Rights (APDR) and All India Lawyers' Union (AILU), represented by senior counsel Bikash Ranjan Bhattacharyya.
- What
- The high court declined to hear a constitutional challenge to the "Goonda Act" because it has not received the President's assent and is not yet an Act, but agreed to hear the challenge to the amendment bill.
- Where
- Calcutta High Court, in West Bengal, India.
- When
- The state's submission was made in court on Thursday (August 6), after the Assembly passed the bills on June 29; the next hearing is September 16.
- Why
- The petitioners say both proposed laws violate Article 22 of the Constitution, because Clause 12 of the "Goonda Act" allows detention of up to twelve months while states are only permitted three months.
Petitioners (APDR & AILU)
West Bengal government
Court's jurisdiction to hear the challenge
Petitioners (APDR & AILU)
The petitions challenge the bills' constitutional validity and should be heard, with the court able to pass orders.
West Bengal government
Because the bills are not yet Acts — the President's assent is pending — the court cannot hear the challenge or pass interim orders.
Need for the anti-goonda laws
Petitioners (APDR & AILU)
The "Goonda Act" is "draconian legislation primarily aimed at curbing dissent," and its 12-month detention clause violates Article 22.
West Bengal government
The government announced the new legislations would be used to charge troublemakers from the July 24 students' rally, indicating the laws are needed to maintain order.
Public claims versus legal status
Petitioners (APDR & AILU)
APDR counsel accused the government of misrepresentation, saying "a law cannot be formulated in the Assembly by telling lies" since the Act is not yet in force.
West Bengal government
The state says the bills are following the proper process: passed by the Assembly, assented to by the governor, and now awaiting the President's assent.
Key facts
- Court
- Calcutta High Court
- Petitioners
- Association for the Protection of Democratic Rights (APDR) and All India Lawyers' Union (AILU)
- "Goonda Act" bill
- West Bengal Public Safety and Control of Anti-Social Activities Bill, 2026
- Amendment bill
- West Bengal Maintenance of Public Order (Amendment) Bill, 2026, amending the 1972 Act
- Legal status
- Passed by Assembly and given governor's assent, but awaiting President's assent; not notified
- Bills passed by Assembly
- June 29
- Next hearing
- September 16; state affidavit due September 10
- Disputed detention limit
- Clause 12 of the "Goonda Act" allows 12 months; Article 22 allows states only 3 months
Quotes
Acting Chief Justice Tapabrata Chakraborty
Judge of the Calcutta High Court
“"After the passage of the bills in the Assembly, they were sent to the governor for his assent. After the governor gave his assent to the bills, they have been forwarded to the President. However, the President’s assent is yet to come."”
telegraphindia.com
“"Since the bill has not yet received the approval of the President, it cannot be termed an Act. So the court cannot hear a petition challenging the proposed Act or pass any interim order."”
telegraphindia.com
Sources
Related news
West Bengal Goonda Bill Awaits Presidential Assent, Adhikari Says
Maharashtra Government Calls Security Act Petitions Frivolous, Seeks Dismissal
Supreme Court Flags Misuse in Uttar Pradesh Gangsters Act
High Court judge recuses from Maharashtra security law plea
West Bengal Issues 23,000 CAA Citizenship Certificates, Hearings Near End
Amit Shah Claims Bengal BJP Government Fulfilled 43% Promises
AILU Holds One-Day Plaint Drafting Training in Nellore
Protests in Himachal against Delhi lathicharge