Human & Environment Alliance ... vs Debal Ray & Ors
2023 Latest Caselaw 3022 Cal

28.04.2023 Item No.23 Court No.6.

AB C.P.A.N. 508 of 2022 In WPA 7022 of 2019 With IA CAN 2 of 2023

Human & Environment Alliance League & Anr.

Vs Debal Ray & Ors.

Mr. Siddhartha Mitra, Sr. Adv, Mr. Abhishek Sikdar ...for the Petitioners.

Mr. Sirsanya Bandopadhyay, Mr. Arka Kumar Nag ....for the State.

Mr. Siddhartha Lahiri ....for the Respdt. No.11.

The contents of the application filed by the

petitioners and the material including photographs

disclosed as annexures to the petition, are, to say the

least, extremely disturbing. It prima facie appears that

the police authorities in the Districts of Jhargram and

Paschim Medinipur are reluctant or unable to enforce

this Court's orders. Reluctance on the part of the

authorities to implement orders of Court cannot be

excused or justified. If it is a question of inability of the

authorities to execute the relevant orders of this court,

if the police authorities in the aforesaid two districts

are so weak and powerless, we may have to think of

taking the help of other law enforcing authorities

including Central Force.

We have made it clear from the very beginning

that we are not treating this litigation as an

adversarial one. We request all concerned including

the State administration to come together and

implement the judgment and order of this Court,

violation whereof is alleged in the present contempt

proceedings as also the other orders passed by this

Court. We do not intend to pass any order against the

persons against whom allegations of deliberate

inaction have been made in the current application,

without hearing them. Hence, we direct that the

Superintendence of Police of the districts of Jhargram

and Paschim Medinipur be personally present before

us on May 10, 2023, at 12.30 p.m. and respond to the

allegations made in the present application as regards

the complete indifference of the police authorities in

the said two districts in implementing the concerned

orders of this Court. We also request the said officer to

assist this Court by suggesting as to how the orders of

this Court passed in this matter could be implemented

effectively.

Mr. Mitra, learned Senior Counsel appearing for

the petitioners says that six persons, who are

members of the NGO being the petitioner no.1, had

been invited by the Committee that we had constituted

to assist the Committee in carrying out this Court's

order. Those six persons registered first information

reports as they were assaulted by alleged hunters and

their properties were damaged. Mr. Mitra says that

those six persons have received notices under Section

41A Cr.P.C. in connection with alleged offence under

the provisions of Scheduled Caste & Scheduled Tribe

(Prevention of Atrocities) Act, 1989. Learned Senior

Advocate says that this is obviously a counter blast

and aimed at harassing those six persons.

Since these proceedings are in continuation of a

public interest litigation, it is the duty of the Court to

protect members of the public, who have come forward

to assist in the implementation of the Court's order.

Let no coercive steps be taken against the persons,

who have been served with notices under Section 41A

of the Code of Criminal Procedure in connection with

first information report no.37 of 2023 dated 13.4.2023

till the next date.

The Registry shall immediately communicate

this order to the Superintendents of Police, Paschim

Medinipur and Jhargram.

Learned Advocate on record for the State is also

requested to communicate this order to the said two

Officers.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)