Calcutta High Court (Appellete Side)
Sourav Dutta vs The State Of West Bengal And Ors on 8 October, 2021
08.10.2021
KC(5)
W.P.A. 7912 of 2020
Sourav Dutta
-versus-
The State of West Bengal and Ors.
With
CAN 1 of 2021
(Via Video Conference)
Mr. Samim Ahmmed,
Ms. Saloni Bhattacharjee..............For the petitioner.
Mr. S.N. Mookerjee, Ld. Adv. Gen.,
Mr. Anirban Ray, Ld. G.P.,
Mr. Samrat Sen,
Mr. Raja Saha,
Mr. Supratim Dhar........................For the State.
Mr. Alok Ghosh,
Mr. Subhrangshu Panda.................For the K.M.C.
We have been shown, by the learned Advocate
General guidelines for Durga puja 2021 issued by the
Government of West Bengal on 1st October, 2021. It
provides inter alia, as follows:
"11(d). A one time financial assistance @
Rs. 50,000 per club will be provided by the State
Government for enabling them to undertake the
required arrangements to address the current
pandemic situation, in addition to the other
customary public services. The details will be
elaborated in the government order that would
follow."
On 2nd October, 2021, the following sanction
order was communicated by the Deputy Secretary,
Government of West Bengal to the police authorities:
"Now therefore, the undersigned is directed
to state that the administrative approval and
financial sanction of a sum of Rs.
201,91,00,000/- (Rupees two hundred one crore
ninety one lakh) only, is hereby accorded for
awarding the grants of Rs. 50,000/- each to
40382 Clubs/Puja Committees/Organizers
(37,382 under West Bengal Police and 3000
2
under Kolkata Police) for assisting in community
policing activities of the State Government during
the Durga puja festival this year as mentioned
above, subject to compliance of the Court orders
by the Clubs/Puja Committees/Organizers."
Learned counsel appearing in support of this
public interest litigation expresses deep concern over
how the above grant would be spent and accounts
thereof maintained.
At this stage we think it appropriate to quote a
portion of the judgment and order dated 16th October,
2020 of a division bench of this court in the public
interest litigation application W.P.A. 7912 of 2020
(Sourav Dutta -vs- The State of West Bengal and Ors.):
"However, since some confusion may have
arisen, particularly in the light of the initial
announcement that was made on September 24,
2020 vis-a-vis the contents of the notification of
October 1, 2020, templates should be prepared
indicating the two purposes in the following
manner:-
1.
The money disbursed should be used
approximately to the tune of 25 per cent for the
purpose of programmes that strengthen the bond
between police authorities and the citizens and
for facilitating the involvement of women in
assistant community policing activities.
2. The rest of the money made available
should be utilised strictly for the purpose of
procurement of masks, hand sanitizers, face
shields etc. for use in and around the puja
pandals.
3. All expenses should be backed by
appropriate bills and vouchers to substantiate the
utilization certificates that must be submitted in
terms of the notification of October 1, 2020. The
utilization certificates, along with all documents
in support thereof, must be submitted to the Sub-
Divisional Officers in the districts and to the
designated officers within the jurisdiction of the
Kolkata Police by November 10, 2020."
We take note of some subsequent developments
since the last puja festival.
The Covid-19 pandemic has abated to a
significant extent. A large section of the population has
been vaccinated.
Taking into account these factors, we dispose of
this application by observing and directing that the
above grant may be made in accordance with the
guidelines dated 1st October, 2021 and the sanction
order dated 2nd October, 2021 and be also implemented
in terms of the order of this bench dated 16th October,
2020 read with the said notifications, with the
modification that the heads and appropriation of
expenses for a grant in question may be stipulated by
the government by an administrative order taking into
account the said order dated 16th October, 2020 and
the changed situation. If no such order is published
then such allocation and appropriation shall be made in
accordance with the guidelines and the said order dated
16th October, 2020.
The Director General of Police shall file affidavit in
the manner as directed in the said order dated 16th
October, 2020 for this year also by 22nd November,
2021.
The connected application (CAN 1 of 2021) is
disposed of.
(I.P. MUKERJI, J.)
(ANIRUDDHA ROY, J.)
