High Courts may exercise writ jurisdiction to order the registration of an FIR and oversight of investigations if local police remedies are inefficacious, involve a conflict of interest, or where allegations demonstrate a serious prima facie case of cognizable offences that authorities have failed to address.

JUDGMENT :

JAY SENGUPTA, J.

1. While WPA 14479 of 2023 is an application for direction upon the CBI or the NIA for registration of FIR and investigation into the offences alleged, the application being WPA 16254 of 2023 pertains to providing of police protection in respect of post-poll violence.

2. Learned senior counsel appearing on behalf of the petitioners has submitted and has relied on the written notes as follows. The petitioner and his supporters prior to the Panchayat Elections, 2023 which were scheduled to be held in July, 2023 had decided to file their nominations as independent candidates. Accordingly, on 14.06.2023 at about 11.15 a.m. the petitioner along with other candidates and supporters were on their way to file nominations in respect of Panchayat Election, 2023 in Canning Block No. 1; however, en-route they found that about 600 persons who are supporters and cohorts of the local M.L.A. namely, Paresh Ram Das (respondent no.7) being armed with deadly weapons including firearms, bombs, wooden stick, iron rods, etc. were present in front of the office of the Block Development Officer. At the behest of the local MLA (respondent no.7), such persons had gathered to obstruct and prevent the petitioner and others from filing their nominations even as independent candidates. Upon spotting the petitioner and other candidates near the B.D.O. office, the supporters of the respondent no.7 including respondent nos.8 to 13 started hurling bombs at them. Strangely, Police personnel who were stationed just behind such unlawful assembly comprising of the cohorts of the respondent no.7, suddenly placed themselves between the petitioner and his supporters and his men and the men of the respondent no.7 and instead of taking any action against the men of the respondent no.7 and ensuring safety of the petitioner and other candidates, the Police personnel became aggressive towards the petitioner and his supporters. Suddenly, the miscreants of the ruling dispensation including respondent nos. 8 to 13 who were the men of the respondent no.7 (local MLA) began firing gunshots at the petitioner and others on the clear instigation and support of the Police personnel, particularly the respondent no.4 (Sub-Divisional Police Officer, Canning Zone) and the respondent no.5 (Inspector-in-Charge, Canning Police Station), both of whom were present at the spot. Moreover, the respondent no.4 (Sub- Divisional Police Officer, Canning Zone) and the respondent no.5 (Inspector- in-Charge, Canning Police Station) who were present at the spot illegally collected firearms from the miscreants as aforesaid and fired towards the petitioner and his supporters and companions. As a result of such attack and assault including firing, gunshot injuries were suffered by Sunil Howlader on his left thigh; another person who was accompanying the petitioner namely, Saifuddin Mollah also sustained gunshot injury on the right side of his back whereas one Rafique Gazi sustained an injury on his finger. Though the aforesaid injury reports of the said Sunil Howlader and Saifuddin Mollah clearly indicate gunshot injuries being suffered by them, instead of registering a specific criminal case against the assailants of the said injured persons as well as the petitioner, the Police authorities of the State of West Bengal acting through one Gautam Saha, Sub-Inspector of Police, Canning Police Stati