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IN THE HIGH COURT AT CALCUTTA
RAJESH BINDAL, I.P. MUKERJI, HARISH TANDON, SOUMEN SEN, SUBRATA TALUKDAR, JJ.
Susmita Saha Dutta – Appellant
Versus
The Union of India and Ors. – Respondents
WPA(P) 142 to 149, 167 of 2021
Decided on : 19-08-2021
Constitution of India, Articles 32 and 226 – Exercise of constitutional powers – Human rights and personal liberties in National Human Rights - SUO MOTO FIRs - Assembly Election held in the State of West Bengal - Post-poll violence – Preventive action/ Claim of compensation - Compensation for the loss of property suffered by them in addition to the victims of crime – Investigation to be conducted by CBI and Committee – Directions issued - Extraordinary power must be exercised sparingly, cautiously and in exceptional situations where it becomes necessary to provide credibility and instil confidence in investigations or where the incident may have national and international ramifications or where such an order may be necessary for doing complete justice and enforcing the fundamental rights.
Finding of the Court:
Question of issuing a direction to CBI to conduct investigation in a case is concerned, although no inflexible guidelines can be laid down to decide whether or not such power should be exercised but time and again it has been reiterated that such an order is not to be passed as a matter of routine or merely because a party has levelled some allegations against the local police – allegations that the police had not registered number of cases initially and some were registered only after the Court had intervened or the Committee was constituted. These allegations were found to be true on the basis of the material placed on record - To install faith of the people in rule of law and considering the extraordinary circumstances with which the State and the Court is faced with, we propose to constitute a Special Investigation Team headed by Suman Bala Sahoo and Soumen Mitra and Ranveer Kumar, all IPS officers of West Bengal cadre, as the members thereof investigating agency constituted by the court and the CBI would maintain integrity, impartiality, honesty and good faith.
Result: Directions issued
ORDER :
| Sr. Nos. | Particulars
| Page No.
|
| 1. | Introduction
| 5 |
| 2. | Schedule of State Assembly Elections, 2021 | 6 |
| 3. | Facts | 6 |
| 4. | Arguments of the petitioners | 13 |
| 5. | Arguments of the respondents | 22 |
| 6. | Rejoinder | 26 |
| 7. | DISCUSSION Brief note of Court Proceedings Report of the Committee Exception filed by the State Suo-Moto FIRs Other issues in the Exceptions filed by the State Regarding procedure adopted by the Committee Regarding Bias Duration of Post-poll violence Election Commission’s responsibility of law and order |
27 44 53 54 61 63 64 65 66 |
|
| Case law | 67 |
|
| Analysis | 77 |
|
| Court Order | 80 |
|
| Concurring view by I.P. Mukerji, J. | 83 |
|
| Concurring view by Harish Tandon, J. | 89 |
|
| Concurring view by Soumen Sen, J. | 94 |
|
| Concurring by Subrata Talukdar, J. | 124 |
RAJESH BINDAL, CHIEF JUSTICE (ACTING)
1. The extraordinary jurisdiction of this Court has been invoked by the residents of the State seeking to preserve the constitutional values and the democratic set up. Civil liberties and fundamental rights are sought to be protected. The preamble of our Constitution provides for India to be a sovereign, socialist, secular, democratic, republic securing to all its citizens’ liberty of thought, expression and political rights. The dignity of the individual, which is spoken of in the Preamble of the Constitution of India is a facet of Article 21, thereof (Ref. Joseph Shine Vs. Union of India, (2019) 3 SCC 39, Para 107)
2. The allegations in the petitions are that the people who supported the political parties other than the ruling party in the recently concluded Assembly Elections in the State (year 2021), have been made to suffer at the hands of the supporters/workers of the party, which came in power. The courts have a duty to adjudicate whenever violation of fundamental rights is alleged. The following discussions will make the position clear.
3. SCHEDULE OF ELECTIONS
Elections to the State Assembly were conducted in eight phases, starting from March 27, 2021. Last date of polling was April 29, 2021. Result was declared on May 02, 2021.
4. FACTS OF THE CASES:
WPA(P) 142 of 2021 filed on 04.05.2021
The present writ petition filed was first in the series, inter-alia, praying to combat the post-poll violence and take corrective as well preventive action. Direction was also sought to open Control Room so as to enable the victims to lodge their complaints online or over telephone. As an interim measure direction was sought to the respondents to help the post-poll violence victims. The result of the Assembly polls was declared on May 02, 2021. The present writ petition was filed immediately thereafter. It was mentioned in Court on May 04, 2021. It is alleged in the petition that till the date of filling of the petition there had been 14 victims of post poll violence. The victims were not even able to go to the police stations to lodge their complaints. Even though the incidents occurring across the State were well within the knowledge of the police but there had been no punitive or preventive action.
WPA(P) 143 of 2021 filed on 06.05.2021
The present petition was filed by different set of persons praying for a direction to the respondents to take immediate steps to stop ongoing post-poll violence. The prayer was also made for an independent and impartial investigation of the offences by constitution of a special investigation team. Direction was sought to the Union of India to deploy adequate central forces in the disturbed areas and to provide compensation to the families of the sufferers. The aforesaid petition was mentioned for immediate listing on May 06,2021to appear in the cause list on May 07, 2021. The petitioner in this petition claimed that he is a practising lawyer of this Court. It is alleged in t
The main legal point established in the judgment is the court's duty to ensure fair investigation and prosecution, as well as the power of the Constitutional Court to direct re-investigation in excep....
Investigation can be transferred only in rare and exceptional cases where necessary to do justice between the parties and instill confidence in public or where investigation by State police lacks cre....
Point of law : There is no more res integra that exercise of power under Section 482 CrPC to quash a criminal proceeding is only when an allegation made in the FIR or the charge-sheet constitutes the....
It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge-sheet constitutes the ingredients of....
Point of Law : Provisions of section 6 of Delhi Special Police Establishment Act, 1946 - Officers of Delhi Special Police Establishment, a premier investigating agency, are and must be fully alive to....
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