DWIJENDRA MOHAN BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application for injunction arises out of a writ petition, in which a rule nisi has been issued by this Court on June 19, 1967. The circumstances leading to the issue of the rule nisi and the present application are briefly set out hereunder.

(2.) The petitioner is an Inspector of Police, Government of West Bengal, and was at the material time, Officer-in-Charge of the Howrah Police Station. Some Muslim stall-holders claimed a right to say their prayers in a room at the Mimani Mongla Hat at Howrah. This claim was disowned by the lessee of the 'Hat'. It is alleged that the room in which prayers used to be offered by the Muslim stall-holders was demolished by the lessee. The 'Hat' is held every Tuesday, when it becomes a public place, but it remains a private property for the rest of the week. On May 17, 1967, the petitioners submitted a report to the Sub-Divisional Officer, Howrah, praying for an order under Section 144 of the Code of Criminal Procedure, against the lessee of the 'Hat' and his employees restraining them from interfering with the right of the Muslim to say their prayers on 'Hat' days. On the basis of this report a proceeding was drawn up by the Sub-Divisional Officer, Howrah.

(3.) On May 22, 1967, the lessee submitted a petition before the Sub-Divisional Officer, complaining that some Muslims were trying to forcibly enter into the 'Hat' premises on that day, which was not a Hat day, by forming an unlawful assembly and that there was an apprehension of breach of the peace. On the same day the Sub-Divisional Officer made an order directing the police to maintain peace. Later on the same day, one Md. Ilias, who is alleged to be a member of the Communist Party, and several of his followers are alleged to have come to the Police Station and demanded that the 'Hat' gate should be broken open. He was informed that no action could be taken without an order from the Court. Thereafter, one Amjed Ali lodged a First Information Report at the Howrah Police Station, that a cognizable offence of wrongful confinement inside the said Hat, of his father Babar Ali since 11.30 a.m. of the same day had been committed. It is alleged that this complaint was false and was made with a view to induce the police to force open the 'Hat' in course of the investigation of the false complaint. Pursuant to this First Information Report, the Howrah Police Station Case No. 62 was started and Sub-Inspector J. Banerjee was deputed to investigage and rescue the said Babar Ali. As soon as the gate of the 'Hat' was opened for the purpose of enquiry, a Muslim mob., it is alleged, made a forcible entry into the 'Hat' which led to a serious deterioration of the law and order situation. Thereupon, the petitioner went to the place of occurrence and tried to persuade Md. Ilias and his associates not to excite the mob to violence and increase communal tension. It is alleged that in spite of the petitioner's request the said Md. Ilias continued to excite the Muslims and also threatened to commit riot and arson. It is further alleged that under these circumstances the petitioner put the said Md. Ilias under preventive arrest under Section 152 of the Code of Criminal Procedure.