DISTRICT : SOUTH 24 PARGANAS
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
W.P. No. (W) of 2018
In the matter of :
An
application under Article 226 of the Constitution of India;
And
In
the matter of :
Shri
Rabin Sardar, Son of Dulal Sardar, permanent resident of Bansra, arjuna,
Joykrishna Nagar, Bansara, South 24 Parganas, Baruipur – 743363. _______Petitioner
-
Versus –
1.
The State of West Bengal through the
Secretary, Home Department ( Police ), having it’s Office at Navanna, 325,
Sarad Chatterjee Road, Howrah – 711102.
2.
The Director General of Police, West
Bengal, having his Office at Navanna, 325, Sarad Chatterjee Road, Howrah –
711102.
3.
The Superintendent of Police, for the
Baruipur Police District, having his Office at Office of the Superintendent of
Police, 1st, 3rd, and 4th Floor, Commercial
Complex, Zila Parishad Bhaban, Baruipur Kulpi Road, Post Office & Police
Station – Baruipur, District South 24 Parganas, Kolkata – 700 144.
4.
The Deputy Superintendent of Police,
Crime Zone, for the Baruipur Police District, having his Office at Office of
the Superintendent of Police, 1st, 3rd, and 4th
Floor, Commercial Complex, Zila Parishad Bhaban, Baruipur Kulpi Road, Post
Office & Police Station – Baruipur, District South 24 Parganas, Kolkata –
700 144.
5.
Shri Paresh Chandra Roy, Inspector in
Charge of Sonarpur Police Station, having it’s address as H.C. Sarani, Post
Office & Police Station Sonarpur, Kolkata – 700 150, District South 24
Parganas.
6.
Shri Krishnendu Pandey, Police
Officer, of Sonarpur Police Station, having it’s address as H.C. Sarani, Post
Office & Police Station Sonarpur, Kolkata – 700 150, District South 24
Parganas.
__________Respondents
To
The Hon’ble Justice Debasish Kar Gupta
Acting Chief Justice and His Companion Justices of the Hon’ble Court
The
humble petition of the petitioner above named most respectfully;
SHEWETH AS UNDER :
1.
The Petitioner is a Citizen of India, permanently
residing at the address as given in the cause title of this application. The
petitioner is presently residing at Sonarpur Bosepukur, Post Office –
Ramkrishna Pally, Police Station – Sonarpur, District – South 24 Parganas,
Kolkata – 700 150. The petitioner is a victim at the behest of Sonarpur Police
authority concern, and therefore he has sufficient locus standi to move this
writ application before the Hon’ble Court to get justice.
2.
That the Petitioner is a daily labour,
earning thereby for his livelihood, staying with one lady namely Smt. Jhumpa
Mondal, in a live in relationship, at Sonarpur Bosepukur, Post Office –
Ramkrishna Pally, Police Station – Sonarpur, District – South 24 Parganas,
Kolkata – 700 150.
3.
That on 2nd day of October’
2018, i.e. on Tuseday, in the evening while your petitioner was at the rented
house at Sonarpur Bosepukur, Post Office – Ramkrishna Pally, Police Station –
Sonarpur, District – South 24 Parganas, Kolkata – 700 150, then some member of
club in the local namely Purbashree Club, demanded “Chanda” subscription for
Durga Puja as of Rs. 50,000/- ( Rupees Fifty Thousand ) only, at the said
occasion your petitioner have two female guests, and whereas according to the
demand of the said club member for Puja, they shouted on your petitioner and on
his female guests, and whereas they called Police from the Sonarpur Police
Station, and handed over your petitioner to the Police and his female guests
alleging that your petitioner is running a business of immoral trafficking at
the said premises, and on the said night about 9 pm the Inspector in Charge of
Sonarpur Police Station Shri Paresh Chandra Roy, and one another Police Officer
Shri Krishnendu Pandey, and others, taken off cloth of your petitioner and in
front of those female guests at the Sonarpur Police Station, beaten up
mercilessly, and used most filthy languages, and tied penny with brick and
pulled forcibly, and pressed your petitioner’s finger with pencil, and pulled
down the head of your petitioner’s to the earth and put chair on back of your
petitioner, kick on the private part of your petitioner, and whereas one police
on the private part of your petitioner inserted match box sticks powder and
tried to lit up, whole night periodically some of the police officer beaten up
your petitioner in different manner, the Police Officer who beaten up your
petitioner, your petitioner can identify on seeing them, on the next morning at
about 8 am the Police released your petitioner, somehow, your petitioner
returned to his home. The police threatened your petitioner to leave the
Sonarpur Police Station jurisdiction. Your petitioner visited M.R. Bangur
Hospital, for his treatment, presently your petitioner suffering from pain in
his body, and unable to seat and sleep, in any manner.
4.
That your petitioner was not able to
seat and sleep and therefore was at home while returning on release by the
Sonarpur Police Station, and thereafter with the help of his friend and well
wisher on the very next day i.e. 04-08-2018, visited the M.R.Bangur Hospital,
and being treated by the Doctors, return back to his home.
Photostat
copy of the injury report of M.R. Bangur Hospital dated 04-08-2018, is
enclosing herewith and marked as Annexure “P-1”
5.
That on 04-08-2018, at about 4:30 pm,
some of the Club members visited the house of your petitioner and threatened to
leave the premises immediately otherwise they will teach a lesson to him, and
the police will not do anything against them, therefore Since your petitioner
is a poor and rustic person, he has no other residential accommodation, due to
fear of loss of his life by the said Club member and the Police conjointly, the
petitioner leave the house, then and there with his live in relation lady Smt.
Jhumpa Mondal. As a result, the petitioner is moving from one street to
another.
6.
That on next day i.e. 05-10-2018, your
petitioner visited the M.R.Bangur Hospital with Smt. Jhumpa Mondal, whereas She
was treated by the Doctors, and medicine prescribed as she was also sustained
solemn injury on her body, as caused by the respondent nos. 5, and 6, herein.
Photostat
copy of the injury report of M.R. Bangur Hospital dated 05-08-2018, is
enclosing herewith and marked as Annexure “P-2”
7.
That the Petitioner and the said Smt.
Jhumpa Mondal, was illegally detained by the Sonarpur Police Station, more
particularly by the Respondent nos. 5, and 6, herein, since 9 pm on 02- 10-2018
to 8 am 03-10-2018.
8.
That the Respondent nos. 5, and 6,
being the Police Officer of the Sonarpur Police Station, miss utilize their
power granted under the Police Act’ 1861, and therefore illegally detained your
petitioner and the said Smt. Jhumpa Mondal, since 9 pm on 02- 10-2018 to 8 am
03-10-2018, which accumulating as period of Twelve Hours.
9.
That the Respondent nos. 5, and 6,
being the Police Officer of the Sonarpur Police Station, miss utilize their
power granted under the Police Act’ 1861, and therefore illegally arrested and
cause arrest of your petitioner and the said Smt. Jhumpa Mondal, at about 9 pm
on 2nd day of October’ 2018.
10.
That the Respondent nos. 5, and 6,
being the Police Officer of the Sonarpur Police Station, miss utilize their
power granted under the Police Act’ 1861, and therefore illegally arrested and
cause arrest of the said Smt. Jhumpa Mondal, at about 9 pm on 2nd
day of October’ 2018, without any help of Ladies and or female Police
personnel.
11.
That the Respondent nos. 5, and 6,
being the Police Officer of the Sonarpur Police Station, cause arrest of your
petitioner and the said Smt. Jhumpa Mondal, at about 9 pm on 2nd day
of October’ 2018, without any cogent reasons and basis thereof.
12.
That
the Respondent nos. 5, and 6, being the Police Officer of the Sonarpur
Police Station, shows their most worst and inhuman faces to your petitioner and
the said Smt. Jhumpa Mondal, and consequently crossed the limits of brutality,
which we heard from the Mughal period of History pages, thereof.
13.
That the Respondent nos. 5, and 6,
being persons of Sovereign Authority of the States acted in such a perverted
manners, which constitute the Police Establishment become the Establishment of
Fear and threat, so far.
14.
That your Petitioner got depressed and
under fear of loss of his life at the behest of the respondent nos. 5, and 6,
herein, as the said respondents threaten to leave the Sonarpur Police Station
jurisdiction, and or otherwise they encounter your petitioner in some other
criminal cases.
15.
That on 6th day of October’
2018, your petitioner lodge his Complaint stating inter alia the facts which
has been occurred at the behest of the Respondent nos. 5, and 6, to the
Superintendent of Police, for the Baruipur Police Dustrict, at Baruipur, South
24 Parganas.
Photostat
copy of the Written Complaint dated 6th day of October’ 2018, is
enclosing herewith and marked as Annexure “P-3”.
16.
That your Petitioner thereafter
realizing that some of the Police personnel of the Sonarpur Police Station were
following your petitioner and thus your petitioner some arranged himself to
save his person.
17.
That Even though the Complaint has
been submitted by the Petitioner with the Superintendent of Police for the
Baruipur Police Diustrict, at Baruipur, South 24 Parganas, no action and or
direction has ever been given or issued in such context upon the respondent
nos. 5, and 6, who shows their brutality to the optimum to your petitioner in
overnight period at the abode of the legal institution, being Sonarpur Police
Station, at Sonarpur, South 24 Parganas, and violate every rights as enshrined
under Article 14, 19, and 21 of the Constitution of India, and prescribed
provisions of the Human Rights Act’ 1993.
18.
That no Law of Land has ever been
prescribed by the State to taken off cloth of your petitioner and in front of
those female guests at the Sonarpur Police Station, beaten up mercilessly, and
used most filthy languages, and tied penny with brick and pulled forcibly, and
pressed your petitioner’s finger with pencil, and pulled down the head of your
petitioner’s to the earth and put chair on back of your petitioner, kick on the
private part of your petitioner, and whereas one police on the private part of
your petitioner inserted match box sticks powder and tried to lit up, whole
night periodically some of the police officer beaten up your petitioner in
different manner.
19.
That such a brutality must be
investigated against the respondent nos. 5 and 6, in pursuance to ensure the
rule of Law and the faith in the institution i.e. Sonarpur Police Station, in
the interest of the Society at large, and to pursue the protection of a person
and his property in terms of the Constitution of India.
20.
That such a brutality of the
respondent nos. 5, and 6, which has been occurred at their behest on your
petitioner in overnight period of 2nd day of October’ 2018, cannot
condone in any manner, as such said brutality crossed every limits of your
petitioner’s tolerance.
21.
That your petitioner lodge such facts
to the other legal enforceable institutions in pursuance to get protection of
his person and necessary actions against the respondent nos. 5 and 6, in terms
of the prescribed provision of law, the institutions as of The Human Right
Commissions, West Bengal, West Bengal Women Commission, and others.
Photostat
copy of the Written Complaint dated 6th day of October’ 2018, to the
other legal enforceable institutions, are enclosing herewith and marked
collectively as Annexure “P-4”.
22.
That your petitioner therefore in compelling
circumstances in belief that his life reasonably in danger and thus your
petitioner passes his ever second of life in fear and threat of his loss of
life at the behest of the respondent nos. 5, and 6.
23.
That being aggrieved by and
dissatisfied with the purported perverted actions and or activities on the part
of the respondents police authorities as complained herein before, the
petitioner beg to move this Writ application under Article 226 of the
Constitution of India, before the Hon’ble Court on, amongst others, the
following :
G
R O U N D S
I.
FOR THAT on 2nd day of
October’ 2018, the petitioner was wrongfully confined by the respondent nos. 5,
and 6, and their associates being the other police personnel shows their acts
and omission of indefinite brutality on your petitioner;
II.
FOR THAT during such wrongful confinement
of the petitioner, your petitioner was abused, assaulted differently at the
optimum, tortured and deprived of sleep and medicine, and essentials of life
and under such circumstances, your petitioner was forced under threat of losing
his life;
III.
FOR THAT That on 2nd day of
October’ 2018, i.e. on Tuseday, in the evening while your petitioner was at the
rented house at Sonarpur Bosepukur, Post Office – Ramkrishna Pally, Police
Station – Sonarpur, District – South 24 Parganas, Kolkata – 700 150, then some
member of club in the local namely Purbashree Club, demanded “Chanda”
subscription for Durga Puja as of Rs. 50,000/- ( Rupees Fifty Thousand ) only,
at the said occasion your petitioner have two female guests, and whereas
according to the demand of the said club member for Puja, they shouted on your
petitioner and on his female guests, and whereas they called Police from the
Sonarpur Police Station, and handed over your petitioner to the Police and his
female guests alleging that your petitioner is running a business of immoral
trafficking at the said premises, and on the said night about 9 pm the
Inspector in Charge of Sonarpur Police Station Shri Paresh Chandra Roy, and one
another Police Officer Shri Krishnendu Pandey, and others, taken off cloth of
your petitioner and in front of those female guests at the Sonarpur Police
Station, beaten up mercilessly, and used most filthy languages, and tied penny
with brick and pulled forcibly, and pressed your petitioner’s finger with
pencil, and pulled down the head of your petitioner’s to the earth and put
chair on back of your petitioner, kick on the private part of your petitioner,
and whereas one police on the private part of your petitioner inserted match
box sticks powder and tried to lit up, whole night periodically some of the
police officer beaten up your petitioner in different manner, the Police
Officer who beaten up your petitioner, your petitioner can identify on seeing
them, on the next morning at about 8 am the Police released your petitioner,
somehow, your petitioner returned to his home. The police threatened your
petitioner to leave the Sonarpur Police Station jurisdiction. Your petitioner
visited M.R. Bangur Hospital, for his treatment, presently your petitioner
suffering from pain in his body, and unable to seat and sleep, in any manner;
IV.
FOR THAT your petitioner was not able
to seat and sleep and therefore was at home while returning on release by the
Sonarpur Police Station, and thereafter with the help of his friend and well
wisher on the very next day i.e. 04-08-2018, visited the M.R.Bangur Hospital,
and being treated by the Doctors, return back to his home;
V.
FOR THAT on 04-08-2018, at about 4:30
pm, some of the Club members visited the house of your petitioner and
threatened to leave the premises immediately otherwise they will teach a lesson
to him, and the police will not do anything against them, therefore Since your
petitioner is a poor and rustic person, he has no other residential
accommodation, due to fear of loss of his life by the said Club member and the
Police conjointly, the petitioner leave the house, then and there with his live
in relation lady Smt. Jhumpa Mondal. As a result, the petitioner is moving from
one street to another;
VI.
FOR THAT on next day i.e. 05-10-2018,
your petitioner visited the M.R.Bangur Hospital with Smt. Jhumpa Mondal,
whereas She was treated by the Doctors, and medicine prescribed as she was also
sustained solemn injury on her body, as caused by the respondent nos. 5, and 6,
herein;
VII.
FOR THAT the Petitioner and the said
Smt. Jhumpa Mondal, was illegally detained by the Sonarpur Police Station, more
particularly by the Respondent nos. 5, and 6, herein, since 9 pm on 02- 10-2018
to 8 am 03-10-2018;
VIII.
FOR THAT the Respondent nos. 5, and 6,
being the Police Officer of the Sonarpur Police Station, miss utilize their
power granted under the Police Act’ 1861, and therefore illegally detained your
petitioner and the said Smt. Jhumpa Mondal, since 9 pm on 02- 10-2018 to 8 am
03-10-2018, which accumulating as period of Twelve Hours;
IX.
FOR THAT the Respondent nos. 5, and 6,
being the Police Officer of the Sonarpur Police Station, miss utilize their
power granted under the Police Act’ 1861, and therefore illegally arrested and
cause arrest of your petitioner and the said Smt. Jhumpa Mondal, at about 9 pm
on 2nd day of October’ 2018;
X.
FOR THAT the Respondent nos. 5, and 6,
being the Police Officer of the Sonarpur Police Station, miss utilize their
power granted under the Police Act’ 1861, and therefore illegally arrested and
cause arrest of the said Smt. Jhumpa Mondal, at about 9 pm on 2nd
day of October’ 2018, without any help of Ladies and or female Police
personnel;
XI.
FOR THAT the Respondent nos. 5, and 6,
being the Police Officer of the Sonarpur Police Station, cause arrest of your
petitioner and the said Smt. Jhumpa Mondal, at about 9 pm on 2nd day
of October’ 2018, without any cogent reasons and basis thereof;
XII.
FOR THAT the Respondent nos. 5, and 6,
being the Police Officer of the Sonarpur Police Station, shows their most worst
and inhuman faces to your petitioner and the said Smt. Jhumpa Mondal, and
consequently crossed the limits of brutality, which we heard from the Mughal
period of History pages, thereof;
XIII.
FOR THAT the Respondent nos. 5, and 6,
being persons of Sovereign Authority of the States acted in such a perverted
manners, which constitute the Police Establishment become the Establishment of
Fear and threat, so far;
XIV.
FOR THAT your Petitioner got depressed
and under fear of loss of his life at the behest of the respondent nos. 5, and
6, herein, as the said respondents threaten to leave the Sonarpur Police
Station jurisdiction, and or otherwise they encounter your petitioner in some
other criminal cases;
XV.
FOR THAT on 6th day of
October’ 2018, your petitioner lodge his Complaint stating inter alia the facts
which has been occurred at the behest of the Respondent nos. 5, and 6, to the
Superintendent of Police, for the Baruipur Police Dustrict, at Baruipur, South
24 Parganas;
XVI.
FOR THAT your Petitioner thereafter
realizing that some of the Police personnel of the Sonarpur Police Station were
following your petitioner and thus your petitioner some arranged himself to
save his person;
XVII.
FOR THAT Even though the Complaint has
been submitted by the Petitioner with the Superintendent of Police for the
Baruipur Police Diustrict, at Baruipur, South 24 Parganas, no action and or
direction has ever been given or issued in such context upon the respondent
nos. 5, and 6, who shows their brutality to the optimum to your petitioner in
overnight period at the abode of the legal institution, being Sonarpur Police
Station, at Sonarpur, South 24 Parganas, and violate every rights as enshrined
under Article 14, 19, and 21 of the Constitution of India, and prescribed
provisions of the Human Rights Act’ 1993;
XVIII.
FOR THAT no Law of Land has ever been
prescribed by the State to taken off cloth of your petitioner and in front of
those female guests at the Sonarpur Police Station, beaten up mercilessly, and
used most filthy languages, and tied penny with brick and pulled forcibly, and
pressed your petitioner’s finger with pencil, and pulled down the head of your
petitioner’s to the earth and put chair on back of your petitioner, kick on the
private part of your petitioner, and whereas one police on the private part of
your petitioner inserted match box sticks powder and tried to lit up, whole
night periodically some of the police officer beaten up your petitioner in
different manner;
XIX.
FOR THAT such a brutality must be
investigated against the respondent nos. 5 and 6, in pursuance to ensure the
rule of Law and the faith in the institution i.e. Sonarpur Police Station, in
the interest of the Society at large, and to pursue the protection of a person
and his property in terms of the Constitution of India;
XX.
FOR THAT such a brutality of the
respondent nos. 5, and 6, which has been occurred at their behest on your
petitioner in overnight period of 2nd day of October’ 2018, cannot
condone in any manner, as such said brutality crossed every limits of your
petitioner’s tolerance;
XXI.
FOR THAT your petitioner lodge such
facts to the other legal enforceable institutions in pursuance to get
protection of his person and necessary actions against the respondent nos. 5
and 6, in terms of the prescribed provision of law, the institutions as of The
Human Right Commissions, West Bengal, West Bengal Women Commission, and others;
XXII.
FOR THAT your petitioner therefore in
compelling circumstances in belief that his life reasonably in danger and thus
your petitioner passes his ever second of life in fear and threat of his loss
of life at the behest of the respondent nos. 5, and 6;
24.
Your petitioner has no other
efficacious and alternative remedy and the relief sought for herein if grant
would afford your petitioner complete redress.
25.
Your petitioner has not moved before
this Hon’ble Court or any other Court on the self same cause of action.
26.
This application is made bonafide and
in the interest of justice and unless orders as prayed for are made your
petitioner will suffer irreparable loss and prejudice.
Your petitioner, therefore, most
respectfully prays before Your Lordships for an order :
a)
A writ of and / or order and / or
direction in the nature of Mandamus do issue commanding and / or directing the
respondents police authorities to forthwith identifying the erring police
officials and lodge FIR against them and cause necessary investigation in terms
of the prescribed provisions of the Law ;
b)
A writ of and / or order and / or
direction in the nature of Mandamus do issue commanding and / or directing the
respondents police authorities to protect the person and property of your
petitioner;
c)
A writ of and / or order and / or
direction in the nature of Mandamus do issue commanding and / or directing the
respondents police authorities more particularly the state of West Bengal to
compensate the petitioner as may be assessed by the Hon’ble Court for
infringement of his personal liberty and the damages done by the Officers of
the State to the petitioner;
d)
A writ of and / or order and / or direction
in the nature of Mandamus do issue commanding and / or directing the
respondents police authorities to act upon the Complaint dated 6th
day of October’ 2018, in accordance with law and investigate into such
complaint of the petitioner against the said erring police officer, in terms of
the Law, as ensure justice;
e)
A writ of and / or order and / or
direction in the nature of Mandamus do issue commanding and / or directing the
respondents police authorities to aid and assist the petitioner to use and
utilize and enjoy his such rented premises within the jurisdiction of the
Sonarpur Police Station;
f)
An appropriate writ or direction do
issue for production of all relevant records and / or protection of all the
rights of the petitioner and for granting the petitioner such relief as in the
circumstances shall be just;
g)
Rule Nisi in terms of prayer (a) to
(f) above;
h)
Suitable orders as to costs be made;
i)
Such further and / or other orders be
made and / or direction or directions be given as would afford complete relief
to your petitioner.
And your petitioner as in duty bound
shall ever pray
AFFIDAVIT
I, Shri Rabin Sardar, Son of Dulal
Sardar, aged about 36 years, by faith Hindu, by Occupation Daily Labour,
permanently residing at Bansra, arjuna, Joykrishna Nagar, Bansara, South 24
Parganas, Baruipur - 743363, do hereby solemnly affirm and state as follows :
1.
I am the Petitioner of this present
Writ application under Article 226 of the Constitution of India, and I am well
conversant and acquitance with the material facts as stated therein by me. I am
competent to swear this affidavit.
2.
The statement made in ________________
of the foregoing petition are true to my knowledge, those contained in
paragraph nos. _______________________________, thereof are based on
information received from the record, which I verily believe to be true and
those contained in paragraph nos. ________________________, thereof are my
humble submissions to the Hon’ble Court.
The Deponent
is known to me,
Clerk to Mr.
Advocate
Prepared in my
Chamber,
Advocate
Solemnly affirmed before me,
This the ___day of October’ 2018.
Commissioner
District : South
24 Parganas
IN
THE HIGH COURT AT CALCUTTA
CONSTITUIONAL
WRIT JURISDICTION
APPELLATE SIDE
W.P. no. (W) of 2018
In the matter
of :
Shri Rabin
Sardar,
______Petitioner
-
Versus
–
-
The State of
West Bengal and Others.
_________Respondents
WRIT
APPLICATION
UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA
Advocate – on
– record :
Ashok Kumar
Singh, Advocate
High Court Bar
association Room No. 15, High Court at Calcutta
Mobile Number
: 9883070666 / 9836829666
Email : aksinghadvocate@rediffmail.com
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