Calcutta High Court (Appellete Side)
Sri Amit Kumar Banerjee vs Mr. Amit P. Javalagi on 25 November, 2022
25th November,
2022
(AK)
05-06
CPAN 343 of 2022
in
W.P.A 659 of 2020
Sri Amit Kumar Banerjee
Vs.
Mr. Amit P. Javalagi, the Commissioner of Police,
Chandannagar Police Commissionerate and others
Mr. Ayan Banerjee
Ms. Debasree Dhamali
Ms. Riya Ghosh
...for the petitioner.
Mr. Tapan Kr. Mukherjee
Mr. Rajat Dutta
...for the alleged contemnors.
The grievance of the petitioner is that, despite a
specific direction of this court on the police authorities to
provide adequate round-the-clock police assistance to the
petitioner for the purpose of upholding a decree of
permanent injunction, the police authorities have raised
exorbitant estimates for such police help, thereby
rendering the direction nugatory.
It is argued by learned counsel for the petitioner
that, palpably, the number of police personnel said to be
required for preventing the local miscreants from
disturbing the petitioner constructing a boundary wall is
inflated. Moreover, the costs estimated are also on an
exorbitant and higher side.
2
Learned counsel cites a coordinate Bench judgment
of this court in Anil Kumar Maity vs. State of West Bengal
and others reported at (2007) 2 CHN 124.
In the said case, the learned Single Judge had
opined that if the police help is granted within the
contemplation of Rule 208 of the Civil Rules and Orders
framed by this court, the costs have to be charged from
the applicant only in certain cases.
It has been observed, inter alia, in the said
judgment that costs for police aid shall not be levied in
cases where police help is required because of conditions
of a general character, such as the locality being in a
disturbed state or a class of people similarly situated,
being likely to make a common cause with the judgment-
debtor and resist execution.
It is contended by the petitioner that, in the present
case, even as per the police authorities, about hundred
miscreants came to the property when the petitioner
sought to construct his boundary wall.
As such, the clauses as indicated in the cited
judgment for the purpose of exemption from payment of
police help costs are satisfied in the present case.
Lastly, it is submitted on instruction on behalf of
the petitioner that the petitioner is agreeable to pay police
help costs but at a scaled down and reasonable rate and
not as per the exorbitant rates fixed by the police
authorities in the present case.
3
The learned Senior Advocate appearing for the State
submits that the police costs have been estimated on the
basis of the chart contained in the extant Circular of the
Government of West Bengal.
Learned counsel places reliance on and hands up a
copy of a Circular bearing no. 1750(2)-
Sanction/HHA/BMC/14-M355/19 dated March 13,
2020, meant for the Howrah District, where the entire
rates of charges for providing police are set out.
As such, since it is clear from the order, alleged to
be in contempt, that police help costs was directed to be
paid by the petitioner, there is no scope, within the
periphery of the contempt application, to scale down the
rates of charges levied for such purpose.
However, It is apparent that there is nothing on the
part of the alleged contemnors which amounts to a
contumacious act justifying the issuance of a rule of
contempt.
In the facts of the case, since the petitioner's
grievance is that the police help costs raised by the
authorities are exorbitant and de hors the law, it will be
open to the contempt petitioner to prefer an appropriate
writ petition challenging the rates levied as police costs by
the respondent authorities.
If so filed, nothing in this order shall affect or
prejudice the rights of the parties in respect of the said
writ petition.
However, the contempt application cannot be kept
alive for the above reasons.
Accordingly, CPAN 343 of 2022 is disposed of in the
light of the above observations.
The Circular/Notification handed over in court
today be kept on record.
Nothing in this order shall prevent the police from
granting the assistance as directed previously, upon the
petitioner having complied with his part of the order
alleged to be in contempt.
There will be no order as to costs.
Urgent photostat copies of this order, if applied for,
be given to the parties upon compliance of all requisite
formalities.
(Sabyasachi Bhattacharyya, J.)
