Calcutta High Court (Appellete Side)
Chayra Gazi vs The State Of West Bengal And Ors on 25 April, 2023
Author: Hiranmay Bhattacharyya
Bench: Hiranmay Bhattacharyya
25.04.2023
Item No.17
gd/ssd
WPA(P)/525/2022
CHAYRA GAZI
VS
THE STATE OF WEST BENGAL AND ORS.
Mr. Anjan Dutta,
Mr. Tamal Ghosh
..for the Petitioner.
Mr. Subha Brata Datta
..for the State.
1. By this public interest litigation the
petitioner seeks for a direction to enter her village
fearing that there will be danger to her life as well as to
the other villagers who accordingly have been thrown
away from the village and their properties were
damaged.
2. When the writ petition was heard on 10th
January, 2023 a preliminary objection was raised by
the respondent State regarding the maintainability of
the writ petition.
3. However, the Division Bench by the said order rejected the same and issued the following direction:
"Having regard to the nature of plea which has been raised in the matter and considering the fact that safety and security of the residents of entire village is involved and impediment that may be faced by the said villagers to approach the Court individually, we are of the view that it would be in the interest of justice to entertain the present public interest 2 petition. Hence, the preliminary objection is rejected.
Learned counsel for the State is directed to file report in the form of affidavit within two weeks. Thereafter, exception to the report, if any, be filed within one week."
4. Thereafter report was directed to be filed and exceptions were also filed and subsequently the Division Bench passed the order dated 21.03.2023 which reads as follows:
"CAN 1 of 2023 has been filed by the petitioner with the plea that the incident had taken place from 20th August to 27th August, 2022 when some politically motivated miscreants had entered the village and looted houses and caused destruction by killing livestock and had driven away villagers from their residential houses.
A plea has been raised that since 20th August, 2022 till date the villagers are outside their residence and no steps have been taken by the State authorities to extend protection to them so that they can return to their houses.
Hence, the prayer in CAN 1 of 2023 is to extend adequate police protection to the villagers.
Though the learned counsel for the State has disputed the allegation, but he has submitted that there is no objection on the part of the State authorities to extend the police protection to the villagers.
He submits that if the concerned residents of the village approach the police authorities with a proper application for extending the police protection, then the prayer will be accepted and they will be extended police protection.
In view of the above, we dispose of CAN 1 of 2023 by directing the concerned State authorities to act upon the statement of the learned counsel for the State, recorded 3 above and extend police protection to the concerned residents of the village.
It will be the responsibility of the police authorities to ensure that no harm is caused to the person or property of the concerned residents.
List on 10th April, 2023."
5. The learned advocate appearing for the petitioner would submit that the petitioner is apprehending danger to her life and is unable to enter into the village and go to her property.
6. A report has been filed by the Inspector in Charge of Basanti Police Station dated 10th April, 2023 wherein it has been stated that maximum number of villagers entered into Bharatgardh area without any obstruction from any corner. It also states that an e- mail has been sent to the petitioner on 06.04.2023 with a request to come on or before 09.04.2023 with the villagers to the concerned Inspector in Charge of Basanti Police Station. However, there is no feedback received from the petitioner's end.
7. In our considered view, the order and direction issued on 21.03.2023 would be sufficient to dispose of the writ petition itself. The order clearly states that as and when an application is received, police protection will be extended. The other grievance of the writ petitioner is that though the complaint has been lodged against the miscreants who have damaged the property and houses and FIR has been registered, 4 till date the investigation has not proceeded in the proper direction and no arrests have been effected.
8. If in the opinion of the petitioner/complainant no sufficient progress has been made since the FIR has been registered, there are other remedies available under the Code of Criminal Procedure which the petitioner can avail. Therefore, we dispose of this writ petition by reiterating the direction issued on 21.03.2023 and if the petitioner has any intention to reside in the village she will be at liberty to approach the police authorities with proper application for extending police protection and only then their prayer should be accepted and they should be extended the police protection. The other steps which have been taken by the police authorities as submitted in the report dated 10.04.2023 such as patrolling team etc. shall continue till normalcy is restored in the area.
(T. S. SIVAGNANAM) ACTING CHIEF JUSTICE (HIRANMAY BHATTACHARYYA, J.)