Calcutta High Court (Appellete Side)
Arjun Singh vs State Of West Bengal & Ors on 11 April, 2019
Author: Debangsu Basak
Bench: Debangsu Basak
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11.04.2019
Ct. No.8
SL No.56
KS
W. P. No.7734 (W) of 2019
Arjun Singh
Versus
State of West Bengal & Ors.
Mr. Saptangshu Basu
Mr. Gautam Roy
Mr. Vikash Singh
Mr. Pritam Majumder
Ms. Mrinalini Majumder
.....For the Petitioner
Mr. Kishore Dutta
Mr. Amitesh Banerjee
Mr. Suddhadev Adak
.....For the State
The petitioner assails the decision of the State to withdraw "Z" Category security.
Learned Senior advocate appearing for the petitioner submits that, the "Z"
Category security of the petitioner was withdrawn on the same day when the petitioner
expressed his allegiance in favour of a particular political party. He submits that, the
withdrawal of the "Z" Category security is vindictive in nature without any basis and
that, the State must answer about the same. He seeks an issuance of a Writ of Certiorari
directing the State to produce the records on the basis of such the initial "Z' Category
security was afforded to the petitioner and was withdrawn on the very day, when the
petitioner pledged his allegiance in favour of a particular political party.
Learned Advocate General appearing for the State submits that, no citizen of India
has a justiciable right to canvas before a Writ Court with regard to the quality and
quantum of security that, the State is to afford to such citizen. He submits that, the
evaluation of the quality and quantity of security is made on continuous basis. According
to the State, the petitioner should be granted "X" Category security and the petitioner was
afforded the same. The petitioner refused to accept "X" Category security. He relies upon
a writing dated March 15, 2019 issued by the Deputy Commandant, Control Room Officer
(VS) from the Ministry of Home Affairs, Government of India stating that, the petitioner
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will be entitled to "Y" plus category, Central Armed Police Force Security cover and that,
Central Industrial Security Force was requested to take necessary action accordingly. He
submits that, the petitioner is enjoying "Y" plus category security at present under such
arrangement. He questions the maintainability of the writ petition. He submits that, an
opportunity should be afforded to the respondents to file affidavits without prejudice to
the question of maintainability of the writ petition.
In the facts of the present case, it would be appropriate to permit the parties to file affidavits without prejudice to the question of maintainability.
In such circumstances, let affidavit in opposition be filed within two weeks from date, reply thereto, if any, be filed one week thereafter.
List the writ petition under the same heading three weeks hence. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Debangsu Basak, J.)