The Calcutta High Court has decided not to entertain an urgent hearing request in a public interest litigation that challenges the constitutional validity of the West Bengal Public Safety and Control of Anti‑Social Activities Act, 2026. The legislation, which is popularly referred to as the anti‑goonda law, was enacted in the year 2026 and has been the subject of controversy since its introduction.
The petitioner approached the court with a plea for an interim stay on the operation of the Act. The core of the petitioner’s argument was that the provisions contained in the statute are arbitrary and oppressive in nature. The petitioner contended that such characteristics render the law vulnerable to constitutional infirmity and therefore sought temporary relief to prevent its enforcement while the matter is examined.
After considering the plea for urgent hearing, the Calcutta High Court concluded that the matter did not warrant immediate attention. The bench, while refusing to grant the requested interim stay, made an observation that there exists a potential for the Act to be misused by the state authorities. This observation was recorded as part of the court’s reasoning for declining the urgent hearing.
The court’s decision means that the West Bengal Public Safety and Control of Anti‑Social Activities Act, 2026, will continue to be in force unless a subsequent order modifies its operation. No interim restraint has been imposed, and the statute remains applicable pending further judicial scrutiny.
The petitioner’s challenge is grounded in the assertion that the law’s provisions lack sufficient safeguards against arbitrary application and may lead to oppression of individuals. By highlighting the possibility of misuse, the bench signalled that the concerns raised by the petitioner are not entirely unfounded, even though it did not find sufficient grounds to issue an interim stay at this stage.
The order passed by the Calcutta High Court does not constitute a final determination on the constitutional validity of the Act. It merely reflects the court’s assessment that the request for urgent hearing and interim relief is not justified at the present juncture. The matter will remain open for further consideration as the litigation proceeds.
In summary, the Calcutta High Court has declined to grant an urgent hearing in the PIL challenging the West Bengal Goonda Law, has refused to stay the operation of the Act, and has noted the potential for misuse by the state while leaving the legislation intact for now.