Karttik Ghosh v. State Of West Bengal And ORS.
24.05.2024 AGM In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 8060 of 2024 Kartick Ghosh -versus The State of West Bengal & Ors.
Mr. Rupayan Deb, Ms. Priya Nandy.
...For the Petitioner.
Mr. Rajarshi Basu, Mr. S.T. Mina.
...For the State.
An affidavit affirmed by the petitioner has been filed in Court today. Copy of the same handed over to the learned advocate for the State respondents. The petitioner has narrated the incidents and the manner in which he and his family members have been harassed, threatened and heckled at the hands of the Pradhan and the Secretary of the Puja Committee, i.e., persons who are responsible for making unauthorised construction.
Such action has been meted out to the petitioner because he chose to protest against the unauthorised construction that is being raised by the aforesaid persons.
At the time of disposal of the writ petition on 20th March, 2024, the Court granted leave to the petitioner to approach the Superintendent of Police and the Officer-in-Charge, Town Chandrakona Police Station and the aforesaid respondents were directed to provide adequate police protection to the petitioner as well as
his family members and to ensure that no harm is caused to any of them.
Learned advocate representing State respondents refers to paragraphs 4 and 5 of the affidavit that has been filed today and submits that the police did take steps to help the petitioner. From the averments made in the affidavit filed in Court today, it appears that the police has not been able to provide adequate police protection as required in the facts and circumstances of the instant case. Regular threats are given out to the petitioner. The petitioner who stays in Calcutta intends to visit his aged and ailing parents in the district of Paschim Medinipur, but because of the life threats he is not in a position to meet his parents.
The Superintendent of Police, Paschim Medinipore is directed to look into the issue and ensure that the petitioner is able to visit his ailing parents without any threat and/or fear of life in the hands of the Pradhan and Secretary to the Gram Panchayat. A copy of the affidavit shall be forwarded to the Superintendent of Police.
The Superintendent of Police shall direct the Officer-in-Charge, Town Chandrakona Police Station to act in a pro-active manner so that no untoward incident or accident takes place at the site and no harm is caused to the life and property of the petitioner and his family members. If required, necessary proceeding may be initiated against the persons who are given out life threats to the petitioner and his family members. The matter is directed to appear in the list on 12th June, 2024.
Liberty is given to the petitioner to move the Vacation Bench in the event situation so demands. Mr.
Rajarshi Basu, Learned advocate representing the State respondents is directed to
forthwith communicate this order to both Superintendent of Police and Officer-in-Charge for taking necessary steps in compliance of the direction passed hereinabove.
The police shall take steps to forthwith stop the construction that is going on as complained in the writ petition.
( Amrita Sinha, J.)