The Calcutta High Court set aside orders under Section 144 CrPC imposed in West Bengal's Sandeshkhali and observed that an order passed under Section 144 Cr.P.C. should be indicative of proper application of mind, which should be based on the material facts and the remedy directed and orders passed mechanically or in a cryptic manner cannot be said to be orders passed in accordance with law
Brief Facts:
The application was filed in praying for the quashing of an order dated 9th February 2024 imposing restrictions under Section 144 of the Code of Criminal Procedure in the Sandeskhali Police Station area, lifting the 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.
Contentions of the Petitioner:
The learned counsel appearing on behalf of the petitioner contended that 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 time the latter would not be paid proper wages. The miscreants would take away women from the locality in the midst of the night to their offices and sexually exploit them. No complaint was taken by the local police authorities.
Contentions of the Respondent:
The learned counsel appearing on behalf of the respondents contended that most of the contentions as raised by the petitioners during their argument do not find support in the writ petition two scuffles took place between two groups and three FIRs had to be registered. The following day i.e., on 8th February, 2024, in the morning some miscreants set on fire on a poultry farm of said Shiba Prasad Hazra. Later, a group of 70 or 80 women gathered with lathis and started sloganeering against the police. Some of them marched towards Sandeskhali Police Station. Two FIRs were registered. After this, some miscreants set on fire to one “alaghar” beside the “bheri” of one Susanta Sardar @ Uttam Sardar. Again a group of 70 or 80 women gathered in front of the Police Station and protested.
Observations of the court:
The court stated that the atrocities on the villagers by three prime miscreants belonging to the ruling political dispensation, as alleged, are absolutely repulsive and heart-wrenching and the non-arresting of the prime miscreants and their accomplices coupled with restriction on the free movement of the villagers, at least in terms of Section 144 of the Code, may pose undue harassment to the inhabitants of the area and make them more vulnerable to further atrocities, especially in view of the peculiar geography of the place.
Further, it was stated that the ban on the Internet is usually invoked in places where the disturbance relates either to anti-national activities or communal strife, lest such evils might spread to other parts of the country. One wonders what the purpose of restricting the internet is in this area. However, fortunately, the ban was lifted from midnight, yesterday.
Further, the court noted that the order er merely and broadly refers to the tension prevailing in the police station area and a report that a large number of people shall gather in front of the police station. The exact nature of alleged illegality, committed or apprehended or the exact area that has to be covered have not been mentioned or discussed in the order. It only makes a bald and ritualistic reference to the possibility of a breach of peace. It was stated by the court that an order passed under Section 144 Cr.P.C. should be indicative of proper application of mind, which should be based on the material facts and the remedy directed. Proper reasoning links the application of mind of the officer concerned, to the controversy involved and the conclusion reached. Orders passed mechanically or in a cryptic manner cannot be said to be orders passed in accordance with law.
The decision of the Court:
The court concluded that the impugned order of promulgation of the order under Section 144 of the Code cannot be sustained either in law or on facts and therefore, is quashed and set aside.
Case Title: Taher Ali Sheikh and Anr. vs. The State of West Bengal and Ors.
Coram: Hon’ble Ms. Justice Jay Sengupta
Case No.: WPA 3869 of 2024
Advocate for the Petitioner: Mr Mr. Bikash Ranjan Bhattacharyya, Mr. Samim Ahammed Mr. Tapas Maity, Mr. Bikram Banerjee, Mr. Siddhartha Sankar Mondal, Mr. Arnab Sinha, Mr. Nazimuddin Siddiqui, Mr. Aniruddh Singh, Ms. Saloni Bhattacharyya, Mr. Arka Ranjan Bhattacharyya, Ms. Gulsanwara Parvin
Advocate for the Respondent: Mr. Kishore Dutta and Mr. Amitesh Banerjee
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