Calcutta High Court (Appellete Side)
Niladri Saha vs State Of West Bengal And Others on 4 July, 2022
July 4, 2022
Sl. No. 1-6
Court No.1
PA - RB
WPA (P) 258 of 2022
Niladri Saha
vs.
State of West Bengal and Others
With
WPA (P) 256 of 2022
I.A. No. CAN/1/2022
I.A. No. CAN/2/2022
I.A. No. CAN/3/2022
Debdutta Maji @ Divdutta Majhi
vs.
State of West Bengal and Others
With
WPA(P) 259 of 2022
Masum Ali Sardar
vs.
State of West Bengal and Others
With
WPA (P) 260 of 2022
Paramita Dey
vs.
State of West Bengal and Others
With
WPA (P) 261 of 2022
Priyanka Tibrewal
vs.
State of West Bengal and Others
With
WPA (P) 264 of 2022
Rivu Dutta
vs.
Union of India and Others
WPA (P) 258 of 2022 and 5 others
Ms. Susmita Saha Dutta,
Ms. Pallabi Chatterjee, Advocates
... for the petitioner
in WPA (P) 258 of 2022
Mr. Aryak Dutta,
Mr. Sunny Nandy, Advocates
... for the applicant
in CAN 2 of 2022
in WPA (P) 256 of 2022
Mr. Srijib Chakrabarty,
Mr. Aditya Mondal, Advocates
... for the applicant
in CAN 3 of 2022
in WPA (P) 256 of 2022
Ms. Priyanka Tibrewal, petitioner-in-person
... in WPA (P) 261 of 2022
Mr. Swatarup Banerjee,
Mr. Lokenath Chatterjee,
Mr. Sukanta Ghosh, Advocates
... for the petitioner
in WPA (P) 264 of 2022
Mr. S. N. Mookherjee, ld. AG
Mr. Samrat Sen, ld. AAAG
Mr. Anirban Ray, ld. GP
Mr. Md. T. M. Siddiqui,
Mr. Debashis Ghosh,
Mr. Nilotpal Chatterjee, Advocates
... for the State
Ms Mr. Tarun Jyoti Tewari, Advocate
... for the Union of India
Mr. Billwadal Bhattacharyya, ld. Asst. Solicitor General
Mr. Bhaskar Prosad Banerjee,
Mr. Debasish Tandon,
Ms. Shalini Ghosh,
Mr. Parashar Baidya, Advocates
... for the NIA
CAN 2 of 2022 in WPA (P) 256 of 2022
Learned counsel for the applicant seeks permission
to withdraw CAN 2 of 2022 with liberty to file a fresh
properly drafted application.
Prayer is allowed.
CAN 2 of 2022 is dismissed as withdrawn with the
liberty as prayed for.
WPA (P) 258 of 2022 and 5 others
CAN 3 of 2022 in WPA (P) 256 of 2022
CAN 3 of 2022 has been filed challenging the order of
the Sub-Divisional Magistrate, Nadia (Sadar) dated 22nd
of June, 2022 passed under Section 144(2) of Cr.P.C. The
plea of the applicant is that after the untoward incidents,
destruction and loss of lives have taken place on account
of the fight which erupted between the police authorities
and public at large in the district of Nadia. Therefore,
applicant being an active member of one of the political
party and leader of opposition of West Bengal Legislative
Assembly, wanted to visit district of Nadia to meet public
at large and to hold public meeting on 25th of June, 2022
at Bethuadahari in district Nadia, hence, the local
committee of the party had requested the police
authorities and other administrative authorities vide
letters dated 20th of June, 2022 and 22nd of June, 2022 to
grant them permission to hold the meeting in accordance
with law. But initially, the concerned authorities kept the
matter pending and subsequently, the impugned order
dated 22nd of June, 2022 was issued under Section
144(2) of Cr.P.C.
Submission of learned counsel for the applicant is
that the impugned order has been issued with the sole
object to prevent the meeting, therefore, it is an arbitrary
order and that in the reports before this Court, the stand
of the State was that the situation is under control in the
area concerned, therefore, there was no necessity of
WPA (P) 258 of 2022 and 5 others
issuing the said order. In support of his submission, he
has placed reliance upon the judgments of the Hon'ble
Supreme Court in the matter of Babulal Parate vs. State
of Maharashtra and Others reported in AIR 1961 SC
884 and in the matter of Mazdoor Kisan Shakti
Sangathan vs. Union of India and Another reported in
(2018) 17 SCC 324.
Opposing the prayer, learned counsel appearing for
the petitioner submits that the CAN 3 of 2022 is much
beyond the scope of the writ petition and that the order
under Section 144 of Cr.P.C. was issued considering the
prevailing situation. He further submits that the meeting
which was proposed was about gathering of 4000 persons
and even otherwise, the meeting has already been held at
the alternative place in Krishnanagar Police district and
the order under Section 144 of Cr.P.C. has been
withdrawn.
Having heard the learned counsel for the parties and
on perusal of the record, it is noticed that as per the
submission of the learned Advocate General, the
impugned order dated 22nd of June, 2022 passed by the
Sub-Divisional Magistrate, Nadia (Sadar) under Section
144(2) Cr.P.C. has already been withdrawn/revoked on
27th of June, 2022, therefore, the challenge to the order
dated 22nd of June, 2022 no longer survives. Learned
counsel for the petitioner has raised an apprehension
that in the meetings which are expected to be held in
WPA (P) 258 of 2022 and 5 others
future also, such orders are likely be issued by the
authorities to prevent the meeting. At this stage, there is
no material on record to have such an apprehension. We
hope and expect that the State Authorities will exercise
the power under Section 144 of Cr.P.C. in a bona fide
manner.
CAN 3 of 2022 is accordingly disposed of.
List on 1st of August, 2022.
[Prakash Shrivastava, C.J.]
[Rajarshi Bharadwaj, J.]
