KAILASH VIJAYVARGIYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The lis involved in the two Criminal Revision Applications. Both the cases qua revision applications are marginally same, therefore, they were being heard and disposed of by this common judgement. CRR 1 of 2021

(2.) On 7/12/2020, Anirban Bhattacharya, Officer in-charge of New Jalpaiguri Police Station lodged a written complaint which was registered under FIR No. 1426 of 2020 under Ss. 147,149,353,427 of the Indian Penal Code read with Sec. 9 of the West Bengal Maintenance of Public Order Act, 1972 (hereinafter referred to as WBMPO Act), read with Sec. 3 of the Prevention of Damage to Public Property Act, 1984 (hereinafter referred to as PDPP Act), Corresponding to GR Case no. 5320 of 2020, alleging inter alia, Bharatiya Janata Yuva Morcha (hereinafter referred to as B.J.Y.M.) youth wing of Bharatiya Janata Party (hereinafter referred to as B.J.P) tried to take control of 'Uttarkanya', the State Secretariat to forcibly hoist flag of BJP to propel the Government to meet their demands. 'Uttarkanya' being a high security zone and covered under Sec. 144 of the Code of Criminal Procedure (hereinafter referred to as CrPC) (vide order dtd. 3/11/2020) with effect from 9/11/2020 to 7/1/2021 as ordered by Commissioner of Police, Siliguri Police Commissionerate (hereinafter referred to as S.P.C.) to avoid any form of physical confrontation with the workers of BJYM there was ample amount of preparation such as traffic barriers strengthened with iron rods and wooden frames to pacify the mob and not allowing cross of the said boundary. At about 11 a.m., the workers of BJYM started to assemble at Noukaghat More. At about 12.15.p.m., leaders of BJP started delivering speeches to the mob with the intention to provoke them so as to encourage them to resort to violence. At about 2.15.p.m., the mob proceeded towards Tinbatti More where they were restrained by Senior Police Personnel who requested them to go back. Under the instruction of senior leaders the mob turned unruly and a Sec. of them started stone pelting and tried to break barricades. Police in retaliation used water cannons to disperse the mob. They got dispersed initially but came back again to attack the police who then charged the mob with tear gas shells and at around 3.45 p.m., the mob got dispersed. As a sequel, the complaint was lodged against 14 persons by name and 3000 others including the petitioners herein. CRR 2 of 2021

(3.) On 7/12/2020, Pareek Barman, SI of Police, SPC lodged a written complaint which was registered under FIR No. 1425 of 2020 under Sec. 147, 148, 149, 427, 307, 353, 332, 333,435, of the Indian Penal Code read with Sec. 9 of the West Bengal Maintenance of Public Order Act, 1972 (hereinafter referred to as WBMPO Act), read with Sec. 3 of Prevention of Damage to Public Property Act, 1984 (hereinafter referred to as PDPP Act) read with Sec. 25 and 27 of the Arms Act. Corresponding to GR Case no. 5319 of 2020, alleging inter alia, and tried to take control of 'Uttarkanya', State Secretariat to forcibly hoist flag of BJP to propel the Government to meet their demands. 'Uttarkanya' being a high security zone and covered under Sec. 144 of the Code of Criminal Procedure (hereinafter referred to as CrPC) (vide order dtd. 3/11/2020) with effect from 9/11/2020 to 7/1/2021 as ordered by Commissioner of Police, Siliguri Police Commissionerate to avoid any form of physical confrontation with the workers of BJYM there was ample amount of preparation such as traffic barriers strengthened with iron rods and wooden frames to pacify the mob and not allowing cross of the said boundary. At about 11 a.m., the workers of BJYM started to assemble at Noukaghat More. At about 12.15.p.m., leaders of BJP started delivering speeches to the mob with the intention to provoke them so as to encourage them to resort to violence. At about 2.15 p.m., the mob proceeded towards Murder More where they were restrained by Senior Police Personnel who requested the mob to re-direct their rally and requested them to disperse. But, the leaders paid no heed to the warranting issued by the Police Authorities and started moving forward, thereby the supporters became aggressive and started to break barricades. Finding no other alternative Nagendra Kalicotay ACP (SB) SPC, the Special Executive Magistrate declared the mob to be an unlawful assembly. It was further alleged that the said mob turned unruly and a Sec. of them started attacking the police personnel with lathi, petrol, bombs and fire arms with a view to break the barricade. As a result, police officials sustained injuries. The mob also destroyed the water cannons deployed at the Murder More. Finding no other alternative police authorities upon direction of Special Executive Magistrate used non-lethal weapons on the mob and managed to disperse the mob at about 4.45 p.m. and the injured Police Personnel were sent to Hospital for medical treatment.