Kolkata29 minutes agoAuthor: Tirthankar Das
A Public Interest Litigation (PIL) has been filed in the Calcutta High Court challenging the constitutional validity of West Bengal’s newly implemented West Bengal Public Safety and Control of Anti-Social Activities Act, 2026, commonly referred to as the “anti-goonda law.”
PIL challenges controversial anti-goonda legislation
The matter was mentioned before a Division Bench comprising Acting Chief Justice Tapobrata Chakraborty and Justice Parthasarathi Chatterjee on Monday. The court granted permission to file the petition, and a hearing is likely to take place later this week.
Court permits petition against new law
Advocate Sabyasachi Chattopadhyay, who moved the court, argued that the new law could curtail the fundamental rights of ordinary citizens and lead to excessive police powers. He contended that the legislation could allow authorities to detain individuals without sufficient safeguards, raising concerns about potential misuse.
Lawyer raises concerns over civil liberties
The law, which came into force on Monday, empowers the state government, police commissioners, district magistrates and officers of the rank of Deputy Inspector General (DIG) or above to order the preventive detention of individuals for up to 12 months without trial if they are believed to pose a threat to public safety or are suspected of planning serious anti-social activities.
Preventive detention powers face legal scrutiny
The legislation also introduces externment orders, allowing authorities to prohibit alleged habitual offenders from entering a particular area or an entire district for up to one year if their presence is considered likely to disturb public order.
Police powers under law questioned strongly
In addition, the Act makes offences covered under its provisions non-bailable, authorises police to arrest accused persons without a warrant, and empowers the administration to attach properties allegedly acquired through organised crime or anti-social activities. It also contains provisions to address damage to public and private property.
Some legal experts have compared the legislation to the National Security Act (NSA), arguing that it significantly expands the powers of the police and civil administration.
High Court hearing expected this week
Defending the law earlier on Monday, Chief Minister Suvendu Adhikari said the legislation was necessary to curb organised crime and anti-social elements, including what he described as “communist cadres and Trinamool-backed goons.” The High Court is expected to hear the PIL later this week.
