Khatib Sardar v. State Of West Bengal And ORS.

23.06.2023 Court No.13 Item No.12 AP WPA 14820 of 2023 Khatib Sardar Vs.

The State of West Bengal & Ors.

Mr. Mrityunjoy Chatterjee Mr. Debapriya Majumder ... For the Petitioner.

Mr. Amitesh Banerjee, Senior Advocate Ms. Ipsita Banerjee Mr. Suddhadev Adak ... For the State.

1.

The petitioner is sitting "Upa Pradhan" and erstwhile "Pradhan"

and "Anchal Sabhapati"

of Itkhola Gram Panchayat. He was enjoying security provided by the Baruipur Police District, which was subsequently withdrawn. 2.

Learned Senior Counsel for the State, Mr. Amitesh Banerjee submits that the security was withdrawn since the petitioner was implicated in a FIR. After the petitioner obtained bail, his security has been restored. 3.

The petitioner further complains that not only were he and his supporters restrained from filing nomination for the ensuing Panchayat Election, but they had to leave the village and their residences due to fear and violence by certain persons of the ruling dispensation. The petitioner himself belongs to the ruling dispensation.

4.

The petitioner seeks appropriate security for himself and his family members and for about five hundred persons to return to their residences.

5.

Counsel for the State submits that the police have not found any such restriction. In any event, the petitioner has only referred 48 persons in the writ petition. 6.

Be that as it may, the petitioner and the named 48 persons and other persons, who apprehend any threat to themselves and their family members to return to their residences, may approach the Deputy Superintendent of Police (Administration), at the office of the Superintendent of Police, Baruipur Police District for necessary assistance, if required, to return to their residences.

7.

The said persons may even otherwise return to their residences on their own given the assurances of the counsel for the State and the police personnel present in Court. 8.

If there are any warrants against such persons, let such warrants not be executed nor should any coercive steps be taken against the said persons until 15th July, 2023. It is made clear that the investigation into FIRs against any such persons may continue.

9.

Mr. Amitesh Banerjee, learned Senior Counsel for the State, assures this Court that the order shall be complied with in letter and spirit.

10.

With the aforesaid directions, the writ petition shall stand disposed of.

11.

There shall be no order as to costs.

12.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.)