'We are facing allegations of encroaching into executive domain,' Supreme Court on lawyer's plea for invoking Article 355 in West Bengal

"You want us to issue writ of mandamus to the President to impose this? As it is, we are facing allegations of encroaching into executive (domain)," a bench of Justices B R Gavai and Augustine George Masih told a counsel, Vishnu Shankar Jain on mentioning of the matter.

New Delhi: The Supreme Court on Monday said it was already facing a charge for encroachment into the Executive's domain as a lawyer sought to highlight incidents of violence in West Bengal and sought a direction for invoking Article 355 of the Constitution.

"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)," a bench of Justices B R Gavai and Augustine George Masih told a counsel, Vishnu Shankar Jain, who mentioned a matter.

Jain said the petition is slated to come up for hearing on Tuesday.

He said that there was a need for immediate deployment of paramilitary forces.

"This matter is listed tomorrow. I have filed an additional application seeking implementation of Article 355 of the Constitution as well," Jain submitted. He sought to bring into record further incidents of violence in the state.

The present plea has sought constitution of a three-member committee headed by a retired Supreme Court judge to inquire into the violence that transpired in Murshidabad over the Waqf Amendment Act.

The plea has also sought directions to the Central government to deploy paramilitary forces in West Bengal.

In another matter, advocate Jain sought a direction to the Centre to take appropriate steps to prohibit streaming of sexually explicit and pornographic content on OTT and social media platforms.

Justice Gavai, while hearing the plea, said, "Who can control it? It is for the Union to frame a regulation in that regard."

"As it is, we are now criticised that we are interfering with the executive's function, the legislative functions," the bench told advocate Jain, who was again appearing in the matter.

Jain submitted before the bench that it was a very serious matter. After hearing his submissions, the bench scheduled the matter for further hearing next week.