RAMA PRASAD SARKAR Vs. THE UNION OF INDIA

JUDGEMENT

(1.) The petitioner, a practicing Advocate of this Court, has filed the present petition against the march organized by respondent No. 5 Bharatiya Janata Party towards State secretariat 'Nabanna' to manifest protest against the alleged failure of the Government of West Bengal in controlling corruption. It is alleged in the petition that the participants in the rally were mobilized from the neighbouring areas and bordering States and that State secretariat building Nabanna is a high security zone and the protest had disrupted the business due to closure of Mangla Hat. It has been vaguely alleged in the petition that during the procession loss was caused to the vehicles, shops etc. Further allegation is that the respondent No. 5 political party in the year 2020 had also organized similar protest where clashes had taken placed between the supporters of respondent No. 5 and the police authorities and the police had to resort to lathi charge to maintain law and order. Further allegation is that the respondent No. 5 is the ruling party in the Centre, therefore, the respondent No. 1 Union of India is responsible for the conduct.

(2.) On the basis of the above averments, petitioner has made a prayer to direct the investigation by an independent agency and constitute a Committee to assess the damage and call for a report relating to eruption of alleged violence.

(3.) A preliminary objection has been raised by learned ASG that the petitioner is connected with the ruling party in the State, therefore, he cannot be permitted to raise political issue and earlier petitions filed by the petitioner have been rejected on this ground and the petition lacks in sufficient particulars and even today a number of petitions having political colour filed, at the instance of the petitioner, are in the list of this Court.