JYOTI PRIYA MALLICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By this public interest litigation the petitioner has prayed that the respondent Nos. 1 to 10 be directed to act in accordance with law and in accordance with Section 23 of the Police Act identifying the miscreants who resorted to wide spread violence on 2nd July, 2000 at Bidhan Nagar, Saltlake, by identifying them from the news reports and picture from the television reports, arresting them and bringing them to book. It is also prayed that the respondents Nos. 1 and 10 be commanded by a writ in the nature of Mandamus not to give any election duty in future to the respondents Nos. 3 to 9.

(2.) The brief facts which are necessary for disposal of this public interest litigation are that 25th June, 2000 was the date fixed for municipal election for the Bidhan Nagar Municipality and the respondents Nos. 3 to 9 were deputed to see that the civic poll in Saltlake is held peacefully. On the day of of the poll severe violence took place all around Saltlake and the respondent authorities have failed to maintain peace and law and order in the area. It is alleged that it will be evident from the newspaper reports and from the television news. It is alleged that in Ward No. 16 of Bidhan Nagar Municipality the electronic voting machine (EVM) at booth No. 3A became inoperative after polling was completed as a result of which the ultimate decision of the electorate of that booth could not be ascertained. The State Election Commission thereafter ordered for repoll which was held on 2nd July, 2000. From the late night of 1st July, 2000 about 1000 miscreants were brought to Saltlake who started throwing bombs in the late night of 1st July, 2000 and in the early morning of 2nd July, 2000. Bombing was resorted to scare away the voters which continued up till 2.00 a.m., of 2nd July, 2000. It is alleged that 2nd July, 2000 was a Sunday and polling in Booth No. 3A of Ward No. 16 of Bidhan Nagar Municipality commenced at around 7. 00 a.m. in the morning and was concluded at 3 p.m. in the evening. At around 11.30 a.m. severe bombing started and some of the miscreants even went to the extent of beating up Sri Tapan Sikdar, the Hon'ble Minister of State for Tele Communication, Sri Ranjit Panja, Sri Sudip Bandopadhyay, Sri Bikram Sarkar andSri Ananda Mohan Biswas, all Members of the Loksabha and Sri Jayanta Bhattacharjee, Member of Rajya Sabha. It is alleged that others who were beaten were Sri Subrata Mukherjee, Sri Sobhandeb Chatterjee, Sri Gopal Mukherjee and Sri Sanjay Bakshi, all MLAs. Several gun shots were fired in the air. It is alleged that all these took place in front of respondents Nos. 2 to 9 that is the DGP, SP,. Sub-Divisional Magistrate and District Magistrate of the area and other officers, but they failed to check the violence. As a result of these the genuine voters were prevented from going to the poll booth and exercise their franchise. It is alleged that the respondents Nos. 2 to 8 failed to discharge their duties dispite the fact that the incident has taken place, no effective measures were taken to check this violence and nor any follow up action was taken by the police. Therefore, by this petition it is prayed that these respondents have failed to discharge their duties, therefore, they should not be assigned any election duty in the forthcoming election. It is also prayed that the respondents Nos. 2 to 9 should be directed to take effective steps in accordance with Section 23 of the Police Act and apprehend those miscreants and culprits who resorted to this kind of violence.

(3.) An affidavit in opposition was filed by the respondents Nos. 1 to 9 which was affirmed by the respondent No. 9, the District Magistrate and a preliminary objection was taken that the present public interest litigation is not a bona fide one and it is motivated by other considerations than that of the public spirited one and there is remedy provided under Section 76 of the West Bengal Municipal Election Act, 1994. It is stated that on 2nd July, 2000 at Booth No.3A of Ward No. 16 of Bidhan Nagar Municipality elaborate police arrangements were made ,and all precuations were taken to prevent deterioration in any law and order situation particularly because the repoll at the said Booth became highly sensitive as the final outcome of the electoral process of Bidhan Nagar Municipality heavily dependend on the same. It is alleged that for maintenance of law order additional forces were brought from Howrah, 24 Paganas and State Armed Police, 9th Battallion, Krishnagar. It is alleged that apart from a few stray incidents, the whole process ended peacefully on 2nd July, 2000. It is also pointed out that the administration did not receive any complaints from any bona fide voters. It is also alleged that there was no complaint from any political party that he or she is a victim of the violence nor any Hon'ble Minister, Members of Parliament or MLAs have lodged complaint of the alleged assault on them. Only two complaints were received from the members of the rival political party and a suo moto complaint was registered by the officer in charge of the Bidhan Nagar South Police Station which are presently under investigation. It is also submitted that no credence should be given to the news reports as they are news reports not supported by any affidavit. He denied that he failed to discharge his duty as an Administrative Magistrate and he denied all the allegations made in the petition.