Maskina Momtaz v. State Of West Bengal And ORS.

09 08.08.2023 NB Ct. 14 WPA 19039 of 2023 Maskina Momtaz Vs.

The State of West Bengal & Ors.

Mr. Mrityunjoy Chatterjee, Mr. Tusar Kanti Hazra.

...for the petitioner.

Mr. Amitesh Banerjee ld.Sr.Standing Counsel, Ms. Ipsita Banerjee, Mr. Tarak Karan.

....for the State.

This is an application under Article 226 of the Constitution of India praying for a direction upon the respondent authorities to provide adequate police protection at the venue of the Uttam Kusum Gram Panchayat Meeting Hall so that the proceeding regarding Board formation can take place peacefully on 10th August, 2023 at 12 pm.

Affidavit of service filed on behalf of the petitioner is taken on record.

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioner is a winning candidate who is to participate in the Board formation process on 10th August, 2023 at 12 pm. at the Uttar Kusum Gram Panchayat Meeting Hall. He apprehends that the miscreants belonging to the ruling party would prevent him from doing so. However, he does not want any protection to be given for going to the meeting hall and only prays that sufficient police arrangements should be made so that no untoward incident takes place during the meeting near the venue.

Learned senior standing counsel representing the State relies on a report and submits that elaborate police arrangements have been made including posting of police pickets on relevant places. So, there is no question of any untoward incident taking place at the venue in question. I have heard the submissions of the learned counsels appearing on behalf of the parties and have perused the writ petition and the report relied upon by the State. It appears that a detailed police arrangement has been made in the area.

However, to allay fears of the petitioner and to ensure that no untoward incident actually takes place at the venue, let the Superintendent of Police, Diamond Harbour District Police take appropriate measures to ensure that no breach of peace takes place at the venue where meeting for the Board formation would take place on 10th August, 2023 at 12 pm, With these observations, the writ petition is disposed of. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for. (Jay Sengupta, J.)