Calcutta High Court (Appellete Side)
Md. Asraf Ali Molla vs State Of West Bengal And Others on 20 June, 2023
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
20.06.2023.
Court No.13
Item Nos.9 to 12
ap
W.P.A. No. 14163 of 2023
Md. Asraf Ali Molla
Versus
State of West Bengal and others
With
W.P.A. No. 14175 of 2023
Dr. Archana Majumdar
Versus
The West Bengal State Election Commission and
others
With
W.P.A. No. 14065 of 2023
Chattar Gazi & Ors.
Versus
State of West Bengal and others
With
W.P.A. No. 14185 of 2023
Md. Alamin Molla & Ors.
Versus
State of West Bengal and others
Mr. Mrityunjoy Chatterjee,
Mr. Debapriya Majumdar,
Mr. Sujay Bhattacharyya.
...For the petitioner in WPA 14163 of 2023.
Mr. Srijib Chakraborty,
Mr. Suryaneel Das,
Mr. Aditya Mondal,
Mr. Deeptangshu Kar.
...For the petitioner in WPA 14175 of 2023.
Mr. Bikash Ranjan Bhattacharyya, ld. Sr. Adv.
Mr. Samim Ahammed,
Ms. Gulsanwara Pervin,
Mr. Arka Ranjan Bhattacharya
...For the petitioner in WPA 14185 of 2023.
Mr. Firdous Samim,
Ms. Gopa Biswas,
Ms. Mousumi Hazra,
Ms. Payel Shome,
Ms. Sampriti Saha,
Ms. Purba Mukherjee.
...For the petitioner in WPA 14185 of 2023
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Mr. Kalyan Bandopadhyay, ld. Sr. Advocate,
Mr. Amitesh Banerjee, ld. Sr. St. Counsel,
Mr. Sirsanya Bandyopadhyay,
Mr. Piyush Agarwal,
Ms. Utsha Dasgupta,
Ms. Shrivalli Kajaria,
Ms. Ipsita Banerjee,
Mr. Arka Kumar Nag,
Mr. Tarak Karan.
... For State in all matters.
Mr. Ashoke Kumar Chakraborty, ld. ASG
Mr. Tirtha Pati Acharyya
... For the Union of India.
1.The order dated 16th June, 2023 is indicated for correction.
2. In the second line of the third paragraph and fourth line of the fourth paragraph, the expression "O.C., Bhangore" shall stand corrected to read as "O.C., Kashipur".
3. Let these corrections be incorporated in the order dated 16th June, 2023.
4. The other parts of the order dated 16 th June, 2023 shall remain unaltered.
5. Department is directed to take steps accordingly.
6. Supplementary affidavits have been filed on behalf of the petitioners in W.P.A. No. 14065 of 2023 and W.P.A. No.14175 of 2023 and copies of the same have been served between the parties.
7. Mr. Kalyan Bandyopadhyay, learned Senior Counsel for the State takes a preliminary objection. He submits that none of the petitioners are the candidates for the Panchayat Election. The petitioners are 3 espousing the cause of other persons, who were the candidates. He submits that the instant writ petitions, therefore, are not maintainable. It is also argued that no leave or prayer for leave under Order I, Rule 8 of the Code of Civil Procedure has been made by the petitioners.
8. Mr. Bandopadhyay has made detailed submissions on facts. It is stated that after the time for filing nomination was over at 3:00 P.M. on 16 th June, 2023 the Offices of the Block Development Officer of Basirhat and Bhangore-II were attacked by a mob of 2500 persons. It is further submitted that the said persons are stated to belong to the ISF a political party.
9. It is further submitted that on 16th June, 2023 the police were running helter skelter and were short staffed. It is also submitted that the police do not receive information from the petitioners as to where exactly they had assembled for being escorted to file their nominations. Between 2:30 P.M. to 3:00 P.M. on 16th June, 2023 there was a violent clash between the two political parties, one belonging to ISF and the other belonging to Trinamul Congress Party. In the clash two members of the Trinamul Congress Party and one member of the ISF were killed. It is submitted that a fourth person died at an another place and Kashipur Police Station have registered three several FIRs.
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10. Mr. Bikash Ranjan Bhattacharyya, learned Senior Advocate appearing of the petitioners in W.P.A. No. 14185 of 2023 submits that the police had failed to carry out any of the orders passed by this Court. As a consequence whereof, not only had the violent clashes occurred but lives were also lost and the candidates in question could not file their nominations.
11. These allegations against the police are denied by Mr. Bandyopadhyay. The issue shall be addressed after affidavits are exchanged.
12. This Court is inclined to direct the police to file a detailed affidavit indicating, inter alia, the following:
(a) The steps taken to comply with this Court's order dated 15th June, 2023 and 16th June, 2023.
(b) The deployment of police by and under the Kashipur, Basirhat, Canning, Bhangore, Minakhan, Sandeshkhali-I & II, Nazat, Haroa and Jibantala Police Stations which are admittedly sensitive areas.
(c) The number of personnel deployed to facilitate the candidates to file their nominations.
(d) What facilities were made available to specifically assist any candidate, who may complain of any resistance in filing nomination.
(e) As to whether any person has been arrested for either the riot which took place between the two political parties as indicated hereinabove and the 5 injuries and deaths that occurred before and after 15 th of June, 2023.
(f) Which of their Officers received information for assistance and from whom as directed in this Court's order dated 15th June, 2023 and 16th June, 2023.
(g) The specific steps taken for assisting the candidates in question, particularly to enable them to file nomination shall also be indicated.
(h) The police shall produce before this Court the CCTV Footage in, around and inside the Offices of the Block Development Officers concerned, under the Police Stations mentioned hereinabove.
(i) The CCTV Footage outside and inside the Police Stations for the period between 14 th June, 2023 at 9:00 A.M. till 16th June, 2023 at 5:00 P.M. shall be preserved.
(j) The aforesaid Footage shall be produced along with the State's affidavit in a Pen Drive. Such Footage shall also be made available to the petitioners.
13. The writ petitioner in W.P.A. No. 14163 of 2023, namely, Md. Asraf Ali Molla, is not traceable according to the learned Counsel for the petitioner since 15 th June, 2023. All efforts shall be made by the police to trace out the said person and to secure him appropriately.
14. Mr. Debapriya Majumdar, learned Advocate appearing on behalf of the writ petitioner in W.P.A. No. 14163 of 2023 alleges that the main culprits behind 6 the entire incident complained of is one Saokat Molla in Jibantala and one Sahajahan Sk. at Sandeshkhali.
15. The police may appropriately respond in this regard on the adjourned date.
16. Let affidavit-in-opposition to the main writ petition be filed by the State police within a period of ten days from date. Reply, if any, thereto be filed three days thereafter.
17. The Officers-in-charge of each of the aforesaid Police Stations, namely, Sandeshkhali, Haroa, Nazad, Minakhan, Basirhat, Jibantala, Canning and Kashipur shall ensure the security and safety of all the writ petitioners and their respective candidates and their family members.
18. List these matters on 4th July, 2023 at 10:30 A.M. as "Specially Fixed Matters".
19. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.
(Rajasekhar Mantha, J.)