Calcutta High Court (Appellete Side)
In Re: Rama Prasad Sarkar vs The State Of West Bengal & Ors on 7 July, 2017
Author: Nishita Mhatre
Bench: Nishita Mhatre
1
07.07.17
Item No.05
Ct. No.01
Krishnendu
W.P.No. 15306 (W) of 2017
In re: Rama Prasad Sarkar
- Versus-
The State of West Bengal & Ors.
With
W.P.No. 23617 (W) of 2013
In re: Rama Prasad Sarkar
- Versus-
The State of West Bengal & Ors.
And
C.P.A.N. No. 1591 of 2013
in
W.P. No. 23617 (W) of 2013
In re: Rama Prasad Sarkar
- Versus-
Bimal Gurung & Anr.
With
C.A.N. No. 9109 of 2013
In
W.P. No. 23617 (W) of 2013
Mr. Rama Prasad Sarkar (Petitioner) appears in-
Person in both matters
Mr. Kishore Dutta, ld.A.G.
Mr. Abhratosh Majumder,ld.A.A.G.
Mr. Debasish Ghosh
For the State in both matters
Mr. Y.J. Dastoor
Mr. Phiroze Edulji
Mr. Rajdeep Biswas
For the Respondent No.9 in
both matters Mr. Indranil Roy Mr. Arnab Mukherjee Mr. Abhishek Chakraborty For the added Respondent in W.P. 15306 (W) of 2017 Mr. Kaushik Chanda, learned A.S.G. Mr. Lokenath Chatterjee For the Union of India 2 From our earlier orders, it is apparent that the State Government and the Central Government have not resolved their differences regarding deployment of forces in the two districts - Darjeeling and Kalimpong. On 30th June, 2017 the Principal Secretary to the Government of West Bengal, Home & Hill Affairs Department, has called upon the Special Secretary to the Government of India, Internal Security, Ministry of Home Affairs, to replace the three Mahila CRPF companies with their male counterparts and the three SSB companies with other CRPF companies, preferably RAF component. The reasons for the same have been mentioned in the letter dated 30th June, 2017. It appears that the Central Government has not considered this request in the right spirit. The learned Additional Solicitor General today informs the Court that the Central Government is of the view that no more companies of C.R.P.F. etc. need be sent to these two districts, namely, Darjeeling and Kalimpong since eleven companies have already been deployed there.
The need for a large deployment of the CRPF or Armed Police Forces cannot be ignored. The learned Advocate-General states that the State would be able to combat the situation if the replacement, as sought for, is conceded to by the Central Government.
This impasse has to be resolved at the earliest. This can be done by ensuring that the Officers concerned of both the Central and the State Governments meet whether by video conference or in person rather than only exchanging letters. It would be helpful to all concerned if the parties have a knowledge about ground realities so that a firm decision can be taken by the Central Government regarding deployment of Forces. This is specially so since the public at large have been suffering inconvenience, strife and injuries since 9th June, 2017. The children have had to leave their schools and their education has been interrupted because of the condition in the hills. Day-to-day life 3 has become increasingly difficult for the residents of the hills. The business and commerce have also suffered as also the tourist season in the hills. The working of the courts in these two districts is also hampered. Remands, which are to be conducted day-to-day, cannot take place in those jurisdictions.
In these circumstances, both the Centre and the State have to take immediate action to alleviate the problem of the people in the hills.
We have been informed of an order passed by the Division Bench of this Court in which the top leaders of the Gorkha Janmukti Morcha (in short, "the GJMM.") are the accused persons. The Division Bench had directed that the accused must be present in Court in Kolkata on a day prior to the framing of charge. We have been informed that the framing of charge has commenced long ago. The president of the GJMM, namely, Bimal Gurung, has been absent on most days. Obviously, exemption applications have been filed by him and have been allowed.
We direct the Chief Judge, City Sessions Court at Calcutta, to submit a report regarding the days on which Bimal Gurung has been absent in Kolkata Case No.RC- 1(S)/II/Kol. dated 19.01.2011 and the reasons for such absence which have been accepted by the court.
The report be furnished to this Court within one week. The Registrar General to communicate this order forthwith to the Chief Judge, City Sessions Court at Calcutta.
The learned District Judge, Darjeeling has communicated to the learned Registrar General a letter received by him from the Superintendent of Police, D.I.B., Darjeeling, on 30th June, 2017. The Superintendent of Police has informed the learned District Judge that the situation in the hills having become volatile because of the agitational programmes launched by the GJMM party, the remand of accused persons arrested in connection with cases related to the ongoing agitation is becoming difficult in the 4 Courts at Darjeeling, Kurseong and Mirik. He, has, therefore, prayed that the accused persons may be produced before the learned Additional Chief Judicial Magistrate, Siliguri. He has also pointed out that similar orders had been passed during the previous agitation in the hills.
Accordingly, we direct that the remand of the accused persons from Darjeeling, Kurseong and Mirik arrested in the agitation in the hills or otherwise shall be produced before the learned Additional Chief Judicial Magistrate, Siliguri until further orders.
List these matters on Tuesday, 11th July, 2017.
(Nishita Mhatre, A.C.J.) (Tapabrata Chakraborty, J.)