The main legal point established in the judgment is the requirement for proper application of mind, objective facts, and reasoning in orders passed under Section 144 of the Code, as emphasized by the court in quashing the impugned order.

JUDGMENT

This is an application praying for quashing of an order dated 9th February, 2024 imposing restrictions under Section 144 of the Code of Criminal Procedure in Sandeskhali Police Station area, lifting ban on internet services imposed on 10th February, 2024 in the Sandeskhali II CD Block, direction upon the respondent authorities not to prevent the movement of the villagers from one area to another and to ensure that the accused mentioned in the complaint dated 8th February, 2024 and all other complaints do get access to justice.

Leave was earlier granted to move the application without complying with the requirement of prior service to the respondents.

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

A copy of the prayer made before the concerned Sub-Divisional Officer for issuing an order under Section 144 of the Code, as filed in Court, is also taken on record.

Learned Senior Counsel representing the petitioners submits as follows. The petitioners are the residents of Sandeskhali II Development Block. They are aggrieved with the highhanded and arbitrary action of the police and the civil administration depriving their fundamental rights like access to justice, right to livelihood, freedom of movement, etc. For quite some time now, three notorious criminals of the locality namely, Sk. Shajahan, Shiba Prasad Hazra and Uttam Sardar, all belonging to the ruling political dispensation, had been torturing the inhabitants of the area in various ways. They would forcibly grab the agricultural land belonging to the local residents, introduce salt water into such land and use the same to form illegal fisheries. They would, thereafter, force the local people to work at those fisheries and most of the times the latter would not be paid proper wages. The miscreants would take away women from the locality in the midst of night to their offices and sexually exploit them. No complaint was taken by the local police authorities. In fact, often the police would refer the complainant to the said Shiba Prasad Hazra. Recently, the womenfolk of the locality decided to demonstrate against the unauthorised misrule of the three criminals. This prompted the police administration to arbitrarily impose restrictions on their movement by having an order issued under Section 144 of the Code in respect of the whole area under Sandeskhali Police Station. Only two incidents of attack, on a house and a poultry farm, have been reported. At best Section 144 of the Code could have been invoked for such local areas. But, the police want to make the local inhabitants live at the mercy of those criminals so that the latter can regain control over them and any voice of protest can be shout out. Even otherwise, the order promulgating Section 144 of the Code suffers from gross illegality. The parameters necessary for issuing such an order are absent in the said order. In this regard, reliance is placed on the decisions in Anuradha Bhasin Vs. Union of India & Ors., reported at (2020) 3 SCC 637 and on an unreported decision of this Court dated 24th August, 2023 passed in Rajib Samanta Vs. The State of West Bengal & Ors, WPA 20520 of 2023. In stead of arresting the accused, especially the three persons who are the masterminds behind all the illegalities in the area, the police are picking up the husbands and other male relatives of the protesting women from their houses on a complaint filed by the same Shiba Prasad Hazra. It was only after much persuasion and media pressure that one accused namely, Uttam Sardar was arrested. Internet was also banned. But, the ban has now been lifted. If all the three accused are not arrested, the victims in the area will not have the courage to file complaints.

Learned Advocate General representing the State submits as follows. Most of the contentions as raised by the petitioners during their argument do not find support in the writ petition. The situation in the Sandeskhali area deteriorated over the last coup