Calcutta High Court (Appellete Side)
In Re: Rama Prasad Sarkar vs The State Of West Bengal & Ors on 14 July, 2017
Author: Nishita Mhatre
Bench: Nishita Mhatre
1
14.07.17
Item No.02
Ct. No.01
Krishnendu
W.P.No. 15306 (W) of 2017
In re: Rama Prasad Sarkar
- Versus-
The State of West Bengal & Ors.
Mr. Rama Prasad Sarkar
.....(Petitioner) appears-in-person
Mr. Kishore Dutta, ld.A.G.
Mr. Abhratosh Majumder,ld.A.A.G.
Mr. Debasish Ghosh
Mr. Nilotpal Chatterjee
For the State
Mr. Y.J. Dastoor
Mr. Phiroze Edulji
Mr. Rajdeep Biswas
Mr. Ranajit Roy
For the Respondent No.9
Mr. Indranil Roy Mr. Arnab Mukherjee Mr. Abhishek Chakraborty For the added Respondent Mr. Kaushik Chanda, learned A.S.G. Mr. Lokenath Chatterjee Mrs. Sumitra Das For the Union of India Mr. Ashraf Ali For the C.B.I. The State Government and the Central Government have filed their respective affidavits. The affidavit on behalf of the Central Bureau of Investigation (in short, the C.B.I.) has not been filed as yet.
The situation in Darjeeling and Kalimpong districts is deteriorating rapidly day by day. Insurgency and the violent agitations are continuing unabated. The life and properties of the general public are in danger.
It appears from the affidavit filed by the State Government that on 20th June, 2017 a mob attacked the police party on duty at the Teesta Valley and snatched away their ammunition. In another incident the policemen on duty were injured and their arms were robbed. The affidavit further goes on to indicate that the State Police, including the State Armed Police, S.A.P.,C.I.F., Specialized State Armed 2 Police, R.A.F. have been deployed in the two districts, namely, Darjeeling and Kalimpong, as also Officers and the force from other districts as well as from the Kolkata Police. The specialized State Armed Police and the Junior Constables from the Left Wing Extremists (L.W.E.) areas have been withdrawn and deployed in the Hills. The State has specific intelligence inputs that other insurgents are attempting to cross over into West Bengal and to aid the agitation in the Hills. The State has, in its affidavit, mentioned that the normalcy cannot be restored in these two districts due to the continuous agitation. The schools and colleges are shut. Though medicine shops are open, there is no transport available in the case of any critical care patients or emergency cases. The public distribution shops are closed as the shop owners have been threatened with dire consequences. The optical fibre cables have been damaged at various places. The hydel-power generating stations at Rammam and Lodhama have been shut down by the supporters of the agitation in the Hills.
The State has also mentioned that eight companies of the Central Reserve Police Force (in short the C.R.P.F.), four from Paschim Medinipur and four from Darjeeling districts, have been withdrawn for the Assembly Election of Uttar Pradesh on 25th January, 2017 and those companies have not been returned to West Bengal till today.
The Union of India has filed an affidavit through the Joint Secretary, Police II Division, Ministry of Home Affairs, Government of India, in which it has been stated that the Ministry of Home Affairs has taken steps to ensure supply of essential goods, including petroleum products, inter alia, to Sikkim in co-ordination with the Ministry of Defence, National Agricultural Cooperative Marketing Federation of India Limited (NAFED) and the Ministry of Petroleum and Natural Gas, amongst other agencies. However, the Central Government, it appears from its affidavit, has not bothered to ensure a supply of essential goods to the districts of Darjeeling and Kalimpong. This is indeed strange. When there is widespread turmoil and defiance in these two districts which has been given wide publicity in the media, one wonders why the Central Government has not bothered to ensure the supply of essential goods to the people of the two affected districts. The affidavit further discloses that the blockade on the 3 National Highway 10 which disrupted the essential services to the Sikkim has been dealt with and that the Government is of the opinion that there is no need for any further deployment of forces in West Bengal.
As regards replacement of the Women's (Mahila) companies of the C.R.P.F., the Central Government has refused to do so for reasons mentioned in the affidavit. The Central Government is also not in a mood to replace the companies of the S.S.B. as, according to it merely because the personnel deployed in the S.S.B. companies are known to the local populace, it cannot mean that their loyalty or will to discharge their duties responsibly would be affected.
The situation in Darjeeling and Kalimpong districts has escalated since the agitation started on 8th June, 2017. Despite our earlier orders directing both the State and the Central Governments to ensure that peace and normalcy are restored in the aforesaid two districts, it is apparent that the endeavour on the part of the State Government and the Central Government is wanting. Otherwise had the Governments worked together, by now the situation could have been brought under control. This one- upmanship of the Central Government and the State Government is causing harm to the people of the two districts of Darjeeling and Kalimpong. Public property, power installations have become casualties in the large-scale arson and agitation. There are, according to the 2011 census, about 18.5 lacs residents in the two districts, namely, Darjeeling and Kalimpong.
Considering the situation in the Hills and the averments in the affidavits filed, in our opinion, the Central Government must take a pro-active stance and deploy four more companies of the C.R.P.F. in Darjeeling and Kalimpong districts within forty-eight hours from today. The Central Government is expected to co-operate with the State Government to ensure that normalcy is restored to these two districts. We hope that 4 the State Government also will not be adamant and will co-operate with the Central Government regarding deployment of the Central Forces in the two districts, namely, Darjeeling and Kalimpong. The State shall also deploy additional forces in the Hills from the State Armed Police Force within a period of forty eight hours from today. It may be mentioned the Judicial Officers and court staff who are bravely managing the Courts in those two districts will be vulnerable without adequate protection. Litigants are unable to access the court.
The Additional Solicitor General has stated that the C.B.I. will file its affidavit, as required by our earlier order, within two days from today.
List this writ petition along with other connected matters on Wednesday, the 19th July, 2017 at 2 p.m. The copy of the affidavit to be filed by C.B.I. must be furnished to all the parties by Tuesday, the 18th July, 2017.
The report of learned Chief Judge, City Sessions Court, Calcutta, is taken on record.
(Nishita Mhatre, A.C.J.) (Tapabrata Chakraborty, J.)