IN THE HIGH COURT OF CALCUTTA
Prakash Shrivastava, Rajarshi Bharadwaj, JJ.
Shueli Panda Mishra And Others - Appellant
Versus
State Of West Bengal And Others - Respondent
Mat 250 of 2022 and Can 1 of 2022
Decided On : 25-02-2022
Police Protection - Municipal Election Candidates - The court directed the state to provide police protection to all the appellants, subject to payment of cost, in accordance with law and regulations.
Fact of the Case:
21 municipal election candidates sought police protection till the completion of the election process and declaration of the result. The Superintendent of Police submitted a report stating that only 7 candidates had threat perception and were entitled to police protection.
Finding of the Court:
The court found that all appellants should be extended police protection by the respondent state, subject to payment of cost, considering the nature of the report submitted by the Superintendent of Police and the relevant regulations.
Issues: The issue raised was that the Superintendent of Police had not assessed the ground situation and threat perception himself, and the appellants argued that they were entitled to police protection on payment of cost as per the regulations.
Ratio Decidendi: The court's decision was influenced by the material on record, the allegations made by the appellants, the nature of the report submitted by the Superintendent of Police, and the relevant Regulations 666 of Police Regulations, Bengal, 1943.
Final Decision: The court directed the state to provide police protection to all the appellants by providing one Armed Police Officer each, subject to payment of cost by the appellants in accordance with law and regulations.
ORDER
1. This appeal is directed against the order of the learned Single Judge dated 23rd February, 2022 whereby the writ petition filed by the appellants has been disposed of with certain directions.
2. The record reflects that 21 writ petitioners who are candidates contesting election in the forthcoming Municipal Election from Contai had approached the Writ Court seeking a direction to the respondents to extend them security cover till completion of the election process and declaration of the result.
3. Learned Single Judge by order dated 22nd February, 2022 had directed the writ petitioners to make representation to the concerned Superintendent of Police and permitted those who had already made representation to forward a fresh copy to the concerned Commission/Superintendent of Police of the respective area and had directed that to assess the threat perception and to take suitable decision and to convey it to the Court on the next date, i.e. on 23rd February, 2022.
4. The Superintendent of Police had submitted the report before the Court on the next date disclosing that out of 21 candidates only seven candidates had threat perception, therefore finding only those seven candidates entitled to the police protection. Learned Single Judge has passed the impugned order directing armed police protection to only those 7 candidates and rejecting the prayer for the remaining 14 candidates.
5. An issue has been raised before this Court by the learned counsel for the appellants that the Superintendent of Police had not assessed the ground situation and threat perception himself but had submitted the vague report.
6. It has also been argued before this Court that even otherwise in terms of clause (c) of Regulations 666 of Police Regulations, Bengal, 1943 the appellants are entitled to receive police protection on payment of the cost. Learned counsel for the appellants has stated that the appellants are ready to pay the cost.
7. Learned Advocate General appearing for the State has also fairly agreed for providing one Armed Police Officer on payment of cost on the condition that it will not be used for the purpose of election campaign.
8. It is not in dispute that the election campaign will be over today at 5.00 p.m.
9. Having regard to the material which has been placed on record and the allegations which have been made by the appellants and also considering the nature of the report which has been submitted by the Superintendent of Police and taking note of the Regulations 666, we direct that all the appellants will be extended police protection by the respondent State by providing one Armed Police Officer each subject to payment of cost by the appellants in accordance with law. While assessing the cost the authority concerned will keep in mind that the protection has been extended to for safety of the candidates in the election, therefore, the cost at the minimum will be assessed.
10. Let the aforesaid exercise be completed during the course of the day.
11. The appeal and the connected application are accordingly disposed of.
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Judicial directions for ensuring police protection during elections and maintaining law and order.
The Court determined that petitions for police protection must be evaluated based on current circumstances, and once the underlying event is complete, the petition may be closed as infructuous.
A candidate's request for police protection during elections hinges on the existence of credible threats, which must be substantiated through police inquiries.
Powers conferred on her under Article 243-ZA of the Constitution of India and Sections 10-A and 10-B of the Andhra Pradesh Municipalities Act, 1965 and the Andhra Pradesh Municipalities (Conduct of E....
No police protection needed absent intent to harm; future threats actionable on intimation.
Assessment of real threat perception and granting security at the state's cost only in compelling cases linked to public or national service.
Security should be provided free of cost in cases where there is a threat perception to a person.
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