Prasenjit Modnal And ORS v. State Of West Bengal And ORS.

January 8, 2024 A 2 Ct. No.14 SG WPA 28140 of 2023 Prasenjit Mondal and others vs The State of West Bengal and others .

Ms. Chandreyi Alam Mr. Subhajit Das ... for the petitioners Mr. Jayanta Samanta Mr. Supriya Majumder ... for the State Exception to the earlier report filed by the State is taken on record.

Further report filed by the State is also taken on record.

Learned advocate for the petitioners submits as follows. The petitioners are the supporters of the opposition political party in the State. The private respondents had been threatening, harassing and even assaulting the petitioners and their family members for sometime. The situation became so grave that in October 2023, the private respondents drove out the petitioners from their residence. They came along with police personnel in plain clothes, attacked the petitioners' house and damaged articles. In such fear the petitioners are unable to return home. Unlike as claimed on behalf of the State none of the petitioners are staying Kolkata for any purpose whatsoever.

Learned advocate for the State relies on the report and submits as follows. Often the petitioners have been coming back to their residences. They are actually staying in Kolkata for their own work/business.

However, the police are keeping a close watch on the developments in the locality.

The alleged details of atrocities committed by the private respondents and copies of relevant documents provided by the petitioners in support of the same make it clear that the apprehensions of the petitioners are not without any basis.

In the event the petitioners want to return home, they shall be at liberty to give a twenty-four hours' notice to the Officer-in-Charge of Jibantala Police Station who shall then arrange for armed police escort to accompany them so that the petitioners can return to their respective homes. The entry of the petitioners to their respective residence shall be videographed.

Even thereafter the police shall keep a sharp vigil at the locale and ensure that no breach of peace takes place. The surveillance shall include frequent visits by police patrol. The Inspector-in-Charge of the local police station shall keep a Superintendent of Police of Baruipur police district informed while taking such measures. In the event any untoward incident occurs or is apprehended, the petitioners shall be at liberty to approach the Inspector-in-Charge of the local police Station who shall then act in accordance with law.

With these observations, the writ petition is disposed of.

Urgent certified copies of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

[ Jay Sengupta, J. ]