Calcutta High Court (Appellete Side)
Their Attendance In Court For vs Unknown on 20 September, 2011
Author: Kanchan Chakraborty
Bench: Kanchan Chakraborty
23. 20.9.2011. C.R.R.2034 of 2010.
as
In Re: An application under Section 407 of the Code of Criminal Procedure.
Re : State of West Bengal. .......Petitioner.
Mr. Debasish Roy, learned P. P. Mr. Amarta Ghosh.
....For the Petitioner.
Mr. Kaushik Gupta, Mr. Somopriyo Chowdhury.
....For the O.Ps.
This revisional application under Section 407 of the Cr. P. C. has been filed at the instance of the State of West Bengal represented by Ranajit Chakraborty, Deputy Superintendent of Police, C.I.D., West Bengal, Bhabani Bhavan, Calcutta praying for transfer of Sessions Trial No.XLVI (3) 2010 corresponding to G. R. Case No.659 of 2009 arising out of Lalgarh Police Station Case No.161 of 2009 dated 26.9.2009 under Sections 120B/121/121A/124A/307 of the I.P.C. read with Sections 3 / 4 of the Explosives Substances Act and Sections 25/27 of the Arms Act and under Section 16(1)
(b)/17/18/20/38/39/40 of the Unlawful Activities (Prevention) Act, 1967 from the Court of the learned Sessions Judge, Paschim Midnapore to the learned Sessions Judge, Alipore, 24-Paraganas, (South) on the following grounds;
a) that the case involves offences of terrorist activities and of waging war against the country and the accused persons having antecedents of carrying out their terrorist activities in and around the area of the jurisdiction where the present trial is being conducted and that they have followers/supporters/sympathizers in the said area which appears to be a threat;
b) that the situation in an around that area is that the regular incident of violence taking place despite joint operation of the Central as well as the State Police forces;
c) that conducting of trial of the case of like nature in the background mentioned above is extremely difficult as the State of West Bengal has to deploy extra police force at the Court premises on the dates fixed for trial;
d) that there would be difficulties in producing the accused persons from jail before the Court for which the State is to provide excess security;
e) that the organization whereto the accused persons are belonging, is having sophisticated weapons;
f) that the security and safety of the witnesses is to be provided in the matter of their attendance in Court for conducting a fair and impartial trial;
Mr. Debasish Roy, learned Public Prosecutor appearing for the State of West Bengal submits that the Government of West Bengal has made it clear that it is not in a position to provide safety and security to the Courts as well as the litigants and the other stake holders in a criminal proceeding. He submits further that the Paschim Midnapore is vulnerable area wherein the terrorist activities is still going on almost every day and that these accused persons in this case are having huge number of sympathizers as well as supporters who have having sophisticated arms and ammunitions may attack the Court or witnesses and there is apprehension that they may cause disturbance in the matter of production of the accused in Court from the jail. Mr. Roy has also referred to a decision of this Court in Central Bureau of Investigation Vs. The State of West Bengal & Ors, reported in (2010) 3 C. Cr. LR (Cal) 949.
Mr. Kaushik Gupta, learned Counsel appearing on behalf of the accused persons/opposite parties submits that neither of the grounds mentioned in the application is coming within the ambit of Section 407 of the Cr. P. C. for which the Court can transfer the case from one District to another District. He submits that the entire application, if is read as a whole, would disclose the peculiar and pathetic condition of the Government of West Bengal in the matter of ensuring security and safety of the general public, Government officials as well as Courts. He submits further that High Court should not and must not allow transfer of cases of like nature on the grounds mentioned in the application by invoking the provision of Section 407 of the Cr. P. C. Now the offences alleged against the accused persons are serious and grave in nature and it is obviously related to the sovereignty of the State and safety and security of the people of the area where the alleged operations had taken place. It might be that the political party to which the accused persons are belonging to is having a good number of sympathizers as well as supporters. It cannot also be ruled out that the particular organization is having sophisticated weapons. These factors, however, cannot be categorized as 'just and reasonable ground' for shifting a trial from one Court to another that too from one District to another District.
As contended by Mr. Roy, this Court also finds that the Government of West Bengal by filing this application has exposed its strength to confront members of an association having weapons and supporters of particular accused persons. It also discloses that the State Government is not in a position at all to provide security and safety to the general public, officers of the State as well as Courts. The averments in the application in its entirety discloses that the State Government is not having capacity to arrange for a trial in a particular Court where the trial has already been commenced out of fear of some persons having weapons. This does not appear to be reasonable one and Section 407 of the Cr. P. C. does not permit a Court to transfer such a trial from one District to another which has already been commenced specially when neither of the parties has apprehended that there would not be any fair trial in the Court.
In the conspectus of the facts and circumstances above, I reject the prayer.
Accordingly, this revisional application is, thus, disposed of. Urgent photostat certified copy of this order, if applied for, be given to the learned Advocates of the parties upon compliance of necessary formalities.
( Kanchan Chakraborty, J. )