DISTRICT : SOUTH 24
PARGANAS.
IN THE HIGH COURT AT
CALCUTTA
CONSTITUTIONAL WRIT
JURISDICTION
APPELLATE SIDE
W.P.A. No. of
2026;
In the matter of:
An application under Article 226 of the Constitution of
India;
And
In
the matter of:
Sumi Halder @ Sumi Dey, Wife of
Sri Gour Dey, Daughter of Sri Narayan Halder, aged about 32 years, presently
residing at Premises being no. 20/1/C, Vivekananda Road, Kolkata – 700075,
Police Station – Survey Park, Post Office – Santoshpur, District – South 24
Parganas. Mobile Number : 9038600964.
……Petitioner
-Versus-
1.
The
State of West Bengal,
through the Principal Secretary,
Home & Hill Affairs Department,
Government of West Bengal, having its office at Nabanna, 325, Sarat Chatterjee
Road, Shibpur, Howrah – 711102, Phone : 033-2214-5656, Email : acs.hha-wb@gov.in
2.
The Director General of Police,
West Bengal Police, Bhawani Bhawan, 31/1A, Belvedere Road, Alipore Police Line,
Alipore, Kolkata – 700027, Phone : 033-2479-4035, 033-2479-4036, Email : policewb@gmail.com
3.
The Commissioner of Police, Kolkata Police, having
its Office at Premises being No. 18, Lalbazar Street, Kolkata – 700001, West
Bengal. Phone – 033-22145060, Email: cp@kolkatapolice.gov.in
4.
The
Officer-in-Charge, Entally Police Station, having its Office at Premises being
no. 12, Convent Road, Kolkata – 700014. Phone: 033-22275892, 6292258306, Email:
entallyps@kolkatapolice.gov.in
5.
The
Warrant Officer, Entally Police Station, having its Office at Premises being
no. 12, Convent Road, Kolkata – 700014. Phone: 033-22275892, 6292258306, Email:
entallyps@kolkatapolice.gov.in
………..Respondents
6.
Gour
Dey, Son of Samar Dey, residing at Premises being no. 1/U, Motijhil Lane,
Sealdah, Kolkata – 700015, Post Office - Tangra, Police Station - Entali,
District – South 24 Parganas. Mobile Number : 7980329475.
…….. Private
Respondent
To
The Hon’ble Sujoy
Paul, Chief Justice and His Companion Justices of the said Hon’ble Court
The humble petition of the petitioner above named most respectfully;
SHEWETH:
1.
That the Petitioner is a law-abiding, peace-loving and
bona fide citizen of India, who has at all material times conducted herself in
accordance with law and has the utmost regard for the rule of law and the
administration of justice. The Petitioner is permanently residing at the
address as mentioned in the cause title hereinabove, which falls within the
territorial jurisdiction of this Hon’ble Court, and as such, this Hon’ble Court
has the requisite jurisdiction to entertain, try and adjudicate upon the
instant writ petition. The Petitioner has not approached this Hon’ble Court
with any ulterior motive or malafide intention, but has been constrained to
invoke the extraordinary writ jurisdiction of this Hon’ble Court solely for the
purpose of securing justice and protection of her lawful rights, which have
been gravely prejudiced due to the inaction and failure on the part of the
Respondent authorities.
2.
That
the present writ petition is being filed by the Petitioner invoking the
extraordinary, equitable and discretionary writ jurisdiction of this Hon’ble
Court under Article 226 of the Constitution of India, inter alia, for
enforcement and protection of her legal and fundamental rights, which have been
seriously infringed and rendered illusory due to the arbitrary, illegal and
unjust conduct of the State Respondent authorities. The Petitioner has been
left with no other efficacious, speedy or adequate alternative remedy and is
thus constrained to approach this Hon’ble Court seeking urgent judicial
intervention.
3.
That
the grievance of the Petitioner arises out of gross inaction, negligence,
apathy and deliberate non-performance of statutory and public duties on the
part of the Respondent authorities, particularly Respondent Nos. 4 and 5, who
are duty-bound in law to act in aid of and in furtherance of orders passed by a
competent court of law. Despite clear and unequivocal directions issued by the
Learned Court below for execution of warrant of arrest against the private
respondent, the said Respondent authorities have failed and neglected to
discharge their obligations in accordance with law, thereby frustrating the
very purpose and efficacy of the judicial order.
4.
That
such conduct on the part of the Respondent Nos. 4 and 5 is not only arbitrary
and unreasonable but also amounts to a colourable exercise of power and a clear
abdication of statutory responsibility, which has resulted in serious
miscarriage of justice. The continued inaction and indifference of the said
Respondents have rendered the lawful order passed in favour of the Petitioner
ineffective and unenforceable, thereby causing grave prejudice, financial
hardship and irreparable injury to the Petitioner. The Petitioner states that
unless this Hon’ble Court intervenes and issues appropriate writ, order and/or
direction, the Petitioner will continue to suffer due to such blatant disregard
of law by the authorities entrusted with its enforcement.
5.
That
the Respondent Nos. 1 to 5 herein are all authorities and instrumentalities of
the State within the meaning of Article 12 of the Constitution of India and are
discharging public and statutory functions under the authority of law. As such,
they are duty-bound to act fairly, reasonably and in accordance with the
mandates of law and are fully amenable to the writ jurisdiction of this Hon’ble
Court under Article 226 of the Constitution of India. The actions, omissions
and inactions on the part of the said Respondents, being in the nature of
public duty, are subject to judicial review by this Hon’ble Court, and this
Hon’ble Court is empowered to issue appropriate writs, orders and/or directions
against them to secure compliance with law and to prevent miscarriage of
justice.
6.
That
the private Respondent No. 6 has been impleaded in the present writ petition as
a necessary and proper party inasmuch as the reliefs sought for herein,
particularly those relating to execution and enforcement of the lawful orders
passed by the Learned Court below, directly concern and affect him. The
presence of the said private Respondent is indispensable for the effective and
complete adjudication of the issues involved in the present proceeding, and no
effective order can be passed by this Hon’ble Court in his absence. The
Petitioner further states that the inclusion of the Respondent No. 6 is bona
fide and in the interest of justice, so as to avoid multiplicity of proceedings
and to ensure that all parties concerned are bound by the orders that may be
passed by this Hon’ble Court.
7.
That
the Petitioner, being subjected to acts of domestic violence, neglect and
economic abuse at the hands of her husband, was constrained to seek protection
and redressal under the provisions of the Protection of Women from Domestic
Violence Act, 2005. Accordingly, the Petitioner instituted an application under
Section 12 of the said Act before the Learned Judicial Magistrate, 10th Court
at Alipore, South 24 Parganas, which was duly registered as AC No. 746 of 2023.
The said application was filed in accordance with law seeking, inter alia,
appropriate reliefs including protection orders, monetary reliefs and other
consequential reliefs as contemplated under the said Act.
The Petitioner craves leave of
the Hon’ble Court to refer to the said petition at the time of hearing, if
necessary.
8.
That
the said proceeding was initiated by the Petitioner after exhausting all
possible means to resolve the matrimonial dispute amicably, but having failed
to secure any support, maintenance or protection from the Respondent No. 6, the
Petitioner had no other alternative but to approach the Learned Court for
necessary legal protection and financial sustenance. The institution of the
said application was bona fide and necessitated by compelling circumstances,
and the same was duly entertained by the Learned Court upon being satisfied
with the prima facie case made out by the Petitioner.
9.
That
upon due consideration of the pleadings, materials on record and being
satisfied as to the service of notice upon the Respondent No. 6, the Learned
Judicial Magistrate, 10th Court, Alipore, South 24 Parganas, was pleased to
proceed ex parte against the said Respondent and, by a reasoned order dated
17.02.2024 passed in AC No. 746 of 2023, was further pleased to allow the
application filed by the Petitioner under Section 12 of the Protection of Women
from Domestic Violence Act, 2005. By the said order, the Learned Court, inter
alia, directed the Respondent No. 6, being the husband of the Petitioner, to
pay a sum of Rs. 8,000/- (Rupees Eight Thousand only) per month to the
Petitioner towards monetary relief in terms of Section 20 of the said Act,
taking into consideration the financial needs and entitlements of the
Petitioner as a destitute wife.
10.
That
the Learned Court was further pleased to direct that the aforesaid monthly
amount shall be paid within the 10th day of each calendar month for which it
falls due, with effect from 21.03.2023, thereby also creating liability for
arrears accrued from the said date. The Learned Court, in its wisdom, was also
pleased to grant liberty to the Petitioner to put the said order into execution
in accordance with law in the event of any default on the part of the
Respondent No. 6. Furthermore, the Learned Court directed that the arrears of
maintenance, if any, shall be liquidated by the Respondent No. 6 in five equal
instalments.
Photostat copy of the said
order dated 17.02.2024 is annexed hereto and marked as Annexure “P-1”.
11.
That
in order to ensure due compliance with the aforesaid order dated 17.02.2024 and
to afford the Respondent No. 6 a fair and reasonable opportunity to honour his
legal obligations, the Petitioner, through her Learned Advocate, caused a
formal communication dated 15.04.2024 to be issued to the Respondent No. 6,
thereby calling upon him to comply with the directions contained in the said
order and to make payment of the monthly monetary relief along with arrears as
directed by the Learned Court. The said communication clearly apprised the
Respondent No. 6 of the consequences of non-compliance and requested him to act
in accordance with law without any further delay.
12.
That
the said letter dated 15.04.2024 was duly dispatched to the correct and last
known address of the Respondent No. 6 through Speed Post on the same date and
was successfully delivered on 16.04.2024, as would be evident from the official
postal tracking report. The service of the said communication upon the
Respondent No. 6 is thus complete and duly effected, leaving no manner of doubt
that the Respondent No. 6 had full knowledge and notice of the order dated
17.02.2024 as well as the demand for compliance made by the Petitioner.
Photostat copies of the said
letter dated 15.04.2024 along with the postal receipt and tracking report are
collectively annexed hereto and marked as Annexure “P-2”.
13.
That
despite having full knowledge, notice and due intimation of the order dated
17.02.2024 passed by the Learned Judicial Magistrate, as also the subsequent
communication dated 15.04.2024 issued on behalf of the Petitioner, the
Respondent No. 6 has wilfully, deliberately and contumaciously failed,
neglected and refused to comply with the said order. The conduct of the
Respondent No. 6 clearly demonstrates a conscious and intentional disregard for
the authority of the Learned Court as well as his legal and moral obligations
towards the Petitioner.
14.
That
the Respondent No. 6 has not paid a single farthing towards the monthly
monetary relief as directed by the Learned Court, nor has he taken any steps to
liquidate the arrears in terms of the said order. Such persistent and
deliberate non-compliance is not only illegal and unjustified but also amounts
to a calculated attempt to defeat the very purpose of the beneficial
legislation enacted for protection of aggrieved women. The Petitioner states
that due to such wilful default on the part of the Respondent No. 6, she has
been subjected to severe financial hardship and mental agony, and has been
deprived of her lawful entitlement, thereby necessitating further legal
recourse.
15.
That
being aggrieved and seriously prejudiced by the willful, deliberate and continued
non-compliance of the order dated 17.02.2024 on the part of the Respondent No.
6, the Petitioner was left with no other efficacious or alternative remedy but
to initiate execution proceedings in accordance with law for enforcement of the
said order. Accordingly, the Petitioner filed a petition for
execution/recovery, which came to be registered as Misc. Execution Case No. 335
of 2024 arising out of AC No. 746 of 2023, before the Learned Judicial
Magistrate, 10th Court, Alipore, South 24 Parganas.
The Petitioner craves leave of
the Hon’ble Court to refer to the said petition at the time of hearing, if
necessary.
16.
That
the said execution proceeding was initiated bona fide and in strict compliance
with the provisions of law, seeking realization of the monetary relief granted
in favour of the Petitioner and enforcement of the lawful directions passed by
the Learned Court. The Petitioner states that such recourse became inevitable
due to the persistent default and non-cooperation of the Respondent No. 6, and
the same was necessitated to secure the ends of justice and to prevent the
order of the Learned Court from being rendered otiose, ineffective and a mere
paper decree.
17.
That
in the course of the said execution proceeding being Misc. Execution Case No.
335 of 2024, and upon being satisfied that the Respondent No. 6 had wilfully
defaulted in complying with the lawful order dated 17.02.2024, the Learned
Judicial Magistrate, 10th Court, Alipore, was pleased to take coercive steps in
accordance with law for securing compliance of the said order. Accordingly, the
Learned Court was pleased to issue warrant(s) of arrest (D/W) against the
Respondent No. 6 for realization of the dues and for enforcing the order passed
in favour of the Petitioner.
Certified copy of all orders
passed in Misc. Execution no. 335 of 2024, are annexed herewith collectively
and marked as Annexure – “P-3”.
18.
That
the said warrant(s) of arrest were issued under due process of law and were
assigned process numbers 1477/24 and 1834/24, and the same were forwarded to
the concerned police authorities for execution in accordance with law. The
issuance of such coercive process clearly reflects the satisfaction of the
Learned Court regarding the persistent and wilful default on the part of the
Respondent No. 6, thereby necessitating such stringent measures for ensuring
compliance of the judicial order and for securing the ends of justice.
19.
That
on 04.09.2024, the Learned Judicial Magistrate, 10th Court, Alipore, upon
taking up the said Misc. Execution Case No. 335 of 2024 for consideration and
upon perusal of the report submitted by the Sub-Inspector of Police, Entally
Police Station, being the concerned executing authority, was pleased to record
its strong dissatisfaction and concern regarding the gross non-execution of the
warrant of arrest issued against the Respondent No. 6. The Learned Court, upon
examining the records and the report so submitted, found that the conduct of
the concerned police authority reflected a complete lack of diligence, promptness
and seriousness in carrying out the judicial directions.
20.
That
the said Misc. Execution Case No. 335 of 2024 has been bona fide initiated by
the Petitioner for realization and recovery of a sum of Rs. 96,000/- (Rupees
Ninety Six Thousand only), being the accrued arrears of monetary relief payable
to the Petitioner in terms of the order dated 17.02.2024 passed in AC No. 746
of 2023 by the Learned Judicial Magistrate, 10th Court, Alipore, South 24
Parganas. The said amount represents the lawful dues of the Petitioner, arising
out of the monthly maintenance directed to be paid by the Respondent No. 6,
which he has wilfully failed and neglected to discharge despite having full
knowledge of the said order.
21.
That
the institution of the said execution proceeding was necessitated solely due to
the deliberate and continued default on the part of the Respondent No. 6 in
complying with the directions of the Learned Court. The Petitioner states that
the said sum of Rs. 96,000/- is neither arbitrary nor excessive, but has been
calculated strictly in accordance with the terms of the judicial order, and the
same is legally recoverable from the Respondent No. 6. Despite initiation of
such lawful proceedings, the Petitioner has been deprived of the fruits of the
said order due to the inaction and failure of the executing authorities,
thereby compounding the financial hardship and injustice suffered by her.
22.
That
the Learned Court specifically took note of the fact that the warrant of
arrest, duly issued under due process of law, had been received by the
concerned police authority on 05.08.2024, yet no immediate or effective steps
were taken for its execution. It further appeared from the report that any
attempt towards execution was initiated only after an inordinate and
unexplained delay of approximately one month from the date of receipt of the
warrant. The Learned Court also observed that the report submitted by the
concerned officer failed to disclose any cogent, satisfactory or justifiable
explanation for such delay and non-compliance. Such findings clearly
demonstrate a negligent and indifferent approach on the part of the concerned
police authority in discharging its statutory obligations, thereby frustrating
the execution of a lawful order passed by a competent court of law.
23.
That
the Learned Judicial Magistrate, upon careful consideration of the materials on
record and the unsatisfactory report submitted by the concerned police
authority, was further pleased to make strong and unequivocal observations
regarding the conduct of the said authority. The Learned Court categorically
recorded that such inaction, delay and indifference on the part of the police
officials entrusted with the execution of the warrant clearly reflects a
“lackadaisical attitude” towards the discharge of their statutory duties and
responsibilities, which cannot be countenanced in the administration of
justice.
24.
That
the Learned Court went on to observe that the continued failure to execute the
warrant of arrest, despite due service and lapse of considerable time, amounts
to a “blatant contempt of Court”, inasmuch as it demonstrates a wilful
disregard and disobedience of the lawful orders passed by a competent judicial
authority. In view of such serious lapses and to ensure accountability, the Learned
Court was pleased to direct the personal appearance of the concerned officer
responsible for execution of the warrant, so as to explain the reasons for such
non-compliance and to take appropriate steps to ensure that the orders of the
Court are duly implemented in letter and spirit.
25.
That
notwithstanding the strong and unequivocal observations made by the Learned
Judicial Magistrate and the specific direction for personal appearance of the
concerned officer to explain the lapses, the Respondent Nos. 4 and 5 have
continued to exhibit utter disregard to the authority of the Court and have
failed to take any effective or meaningful steps towards execution of the
warrant of arrest issued against the Respondent No. 6. The said Respondents,
despite being fully aware of the judicial mandate and the consequences of
non-compliance, have deliberately remained inactive and indifferent in
discharging their statutory obligations.
26.
That
the continued inaction, negligence and wilful omission on the part of the Respondent
Nos. 4 and 5 clearly amount to a persistent dereliction of duty and a conscious
attempt to frustrate the execution of a lawful order passed by a competent
court of law. Such conduct not only undermines the authority and sanctity of
judicial orders but also erodes public confidence in the administration of
justice. The Petitioner states that due to such unjustified and prolonged
failure on the part of the said Respondents, the warrant of arrest remains
unexecuted till date, thereby causing serious prejudice to the Petitioner and
rendering the relief granted in her favour illusory and ineffective.
27.
That
in the said Misc. Execution Case No. 335 of 2024, the Learned Court has been
constrained to grant repeated adjournments on diverse dates solely on account
of non-execution of the warrant of arrest by the concerned police authorities,
despite the issuance of clear directions and coercive processes. The Petitioner
states that such repeated adjournments have not been occasioned due to any
lapse or default on her part, but are entirely attributable to the persistent
inaction and negligence of the Respondent Nos. 4 and 5, who have failed to
carry out the mandate of the Learned Court.
28.
That
as a direct consequence of such continued non-execution of the warrant, the
judicial order dated 17.02.2024, passed in favour of the Petitioner, has been
rendered wholly ineffective, infructuous and reduced to a mere paper decree,
having no practical enforceability. The Petitioner, despite having obtained a
lawful order from a competent court, has been deprived of the fruits thereof
due to administrative apathy and deliberate non-performance of duties by the
executing authorities. Such a situation defeats the very purpose of the
judicial process and results in grave miscarriage of justice, thereby
necessitating urgent intervention by this Hon’ble Court.
29.
That
the persistent inaction, negligence and deliberate failure on the part of the
Respondent Nos. 4 and 5 in not executing the warrant of arrest, despite clear
judicial directions, have resulted in a gross violation of the fundamental
rights of the Petitioner as guaranteed under Articles 14 and 21 of the
Constitution of India. The arbitrary and unreasonable conduct of the said
Respondents has denied the Petitioner equal protection of law and has seriously
impaired her right to live with dignity, by depriving her of the lawful
maintenance granted in her favour by a competent court of law.
30.
That
the conduct of the Respondent Nos. 4 and 5 further amounts to a complete
failure to uphold the rule of law, which is the basic structure of the
Constitution. The deliberate inaction in implementing a judicial order strikes
at the very foundation of the justice delivery system and creates a situation
where orders of competent courts are rendered nugatory, thereby eroding public
confidence in the administration of justice.
31.
That
the continued non-execution of the warrant of arrest, despite repeated
directions and observations of the Learned Court, clearly constitutes wilful
disobedience of judicial orders on the part of the said Respondents. Such
conduct is not only contemptuous in nature but also reflects a conscious
disregard for the authority of the Court and the sanctity of its orders.
32.
That
the Respondent Nos. 4 and 5, being public servants entrusted with statutory
duties, are legally obligated to act promptly and effectively in execution of
court processes. Their failure to do so amounts to gross dereliction of
statutory duty and abuse of their official position, which has directly resulted
in denial of justice to the Petitioner. The Petitioner states that such conduct
warrants immediate correction by this Hon’ble Court through appropriate writs,
orders and directions.
33.
That
the Petitioner states that she has no other efficacious, adequate or speedy
alternative remedy available to her under the law for redressal of the
grievances ventilated herein. Although the Petitioner has already invoked the
jurisdiction of the Learned Court below and has taken all necessary steps
available in law, including initiation of execution proceedings, the same has
been rendered ineffective and futile solely due to the continued inaction,
negligence and deliberate non-performance of statutory duties by the Respondent
authorities. The Petitioner submits that the remedies ordinarily available have
failed to yield any meaningful result in securing compliance of the lawful
order passed in her favour.
34.
That
in the facts and circumstances of the present case, the intervention of this
Hon’ble Court under Article 226 of the Constitution of India has become not
only necessary but imperative, inasmuch as the grievance of the Petitioner
pertains to failure of public authorities to discharge their statutory
obligations and to enforce orders of a competent court of law. The Petitioner
further states that unless appropriate writ, order and/or direction is issued
by this Hon’ble Court, the Petitioner will continue to suffer irreparable loss,
injury and hardship, and the ends of justice will be seriously defeated. Hence,
the Petitioner is left with no other option but to invoke the extraordinary
writ jurisdiction of this Hon’ble Court.
35.
That
being aggrieved by, dissatisfied with and seriously prejudiced due to the
illegal, arbitrary and continued acts of omission, commission and inaction on
the part of the concerned respondent police authorities, particularly
Respondent Nos. 4 and 5, in failing and neglecting to execute the warrant of
arrest issued against the Respondent No. 6 by a competent court of law, the
Petitioner has been left remediless and exposed to grave injustice. The
Petitioner states that such inaction is wholly unjustified, mala fide in effect
and contrary to the settled principles of law, inasmuch as the said authorities
are under a statutory and legal obligation to execute the processes issued by
the Learned Court promptly and effectively.
36.
That
in view of the aforesaid facts and circumstances, and having no other
efficacious or alternative remedy, the Petitioner is constrained to approach
this Hon’ble Court by filing the instant writ petition under Article 226 of the
Constitution of India, invoking its extraordinary, equitable and discretionary
jurisdiction, inter alia, for enforcement of her legal and fundamental rights
and for issuance of appropriate writs, orders and/or directions upon the
Respondent authorities to perform their statutory duties in accordance with
law. The Petitioner, therefore, begs to move this Hon’ble Court, inter alia, on
the following, amongst other, grounds.
GROUNDS
I.
For
that the Respondent police authorities, being public officials entrusted with
statutory duties, are under a legal and mandatory obligation to execute
warrants and other processes issued by a competent court of law in a prompt,
diligent and effective manner. The failure and/or refusal on the part of
Respondent Nos. 4 and 5 to execute the warrant of arrest issued against the
Respondent No. 6 is wholly arbitrary, unreasonable and contrary to the
established principles of law. Such inaction not only reflects non-application
of mind but also amounts to violation of the Petitioner’s fundamental rights
guaranteed under Articles 14 and 21 of the Constitution of India, inasmuch as
the Petitioner has been denied equal protection of law and her right to live
with dignity has been adversely affected.
II.
For
that the non-execution of the warrant of arrest issued by the Learned Judicial
Magistrate defeats the very purpose and object of the judicial proceedings
initiated by the Petitioner under the Protection of Women from Domestic
Violence Act, 2005. The failure of the executing authorities to carry out the
directions of the Learned Court renders the order dated 17.02.2024 ineffective,
inoperative and nugatory, thereby frustrating the administration of justice and
reducing the judicial process to a mere formality without any enforceability.
III.
For
that the continued inaction, negligence and deliberate omission on the part of
Respondent Nos. 4 and 5 in not executing the warrant of arrest amounts to a
clear obstruction in the administration of justice. The conduct of the said
Respondents has the effect of impeding the due course of judicial proceedings
and undermining the efficacy of the legal system, which is impermissible in law
and calls for immediate intervention by this Hon’ble Court.
IV.
For
that the Petitioner, being a legally wedded wife and a destitute woman, is
solely dependent on the monetary relief granted by the Learned Court for her
sustenance and survival. Due to the non-payment of maintenance by the
Respondent No. 6 and the failure of the Respondent authorities to enforce the
said order, the Petitioner is suffering severe financial distress, mental agony
and irreparable hardship. The continued deprivation of her lawful entitlement
has placed the Petitioner in a precarious condition, thereby warranting urgent
relief from this Hon’ble Court.
V.
For
that the conduct of the Respondent Nos. 4 and 5 in wilfully disobeying and
failing to execute the warrant of arrest, despite specific judicial directions
and adverse observations by the Learned Court, is not only illegal but also
contemptuous in nature. Such conduct undermines the authority, dignity and
sanctity of the judicial system and erodes public confidence in the
administration of justice. The said Respondents have acted in a manner which is
unbecoming of public servants and their actions call for strict judicial
scrutiny and appropriate corrective measures by this Hon’ble Court.
37.
That this Writ Petition is filed under Article 226 of the
Constitution of India for enforcement of the Petitioner’s fundamental rights
under Articles 14, 19(1)(g), and 21 of the Constitution, for protection against
arbitrary and unlawful coercion by the Respondents, and for issuance of
appropriate writs, orders and directions as prayed for herein.
38.
That the petitioner
has no other efficacious remedy except approaching this Hon’ble Court under
Article 226 of the Constitution of India;
39.
That your petitioner
has no alternative suitable remedy elsewhere and the reliefs as prayed for, if
are granted would be complete for your petitioner.
40.
That on the selfsame
cause of action your petitioner has not moved any other writ petition.
41.
This application is
made bonafide and for the ends of justice.
In the premises aforesaid your petitioner most humbly
prays for the following orders:-
a)
A writ in the nature
of Mandamus directing and or commanding the
Respondent Nos. 4 & 5 to show cause as to why no disciplinary and/ or
departmental action shall not be taken against them for dereliction in their
duties in notv executing the warrant of arrest issued on 04-09-2024, in Misc.
Execution No. 335 of 2024, by the Learned Judicial Magistrate, 10th
Court, Alipore, South 24 Parganas;
b)
A writ in the nature
of Mandamus do issue
commanding the respondent no. 5, to immediately execute the Warrant of Arrest
against the Respondent no. 6, issued on 04/09/2024, including on several dates,
by the Learned Judicial Magistrate, 10th Court, Alipore, South 24
Parganas, and also act in terms of the Order dated 04/09/2024, passed in Misc.
Execution No. 335 of 2024, by the Learned Judicial Magistrate, 10th
Court, Alipore, South 24 Parganas;
c)
A Writ in the nature
of Mandamus do issue commanding the Respondent no. 4 & 5 to file an action
taken report before this Hon’ble Court apropos the Warrant of Arrest against
the respondent number 6 issued on 04/09/2024 by the Learned Judicial
Magistrate, 10th Court, Alipore, South 24 Parganas;
d)
A writ in the nature
of Certiorari asking the respondent authorities to produce records related to
the instant case before this Hon’ble Court for proper adjudication;
e)
Rule NISI in terms
of prayer (a), (b), & (c), herein above;
f)
Award costs of this proceeding to the Petitioner;
g)
To pass such other
or further order orders as Your Lordship may deem fit and proper;
And your petitioner,
as in duty bound, shall ever pray.
AFFIDAVIT
I, Sumi Halder @ SumiDey, Wife of Sri Gour Dey, Daughter of Sri Narayan Halder, aged about 32 years, by faith Hindu, by Occupation House Wife, presently residing at Premises being no. 20/1/C, Vivekananda Road, Kolkata – 700075, Police Station – Survey Park, Post Office – Santoshpur, District – South 24 Parganas, do hereby solemnly affirm and say as follows;
1. That I am the petitioner and am competent
to affirm this affidavit. I am well acquainted with the facts and circumstances
of the present case.
2.
That the statements
made in paragraph No. 1, 2, 3, 7, 8, 11, & 12, are true to my knowledge and
those made in paragraphs 4, 5, 6, 9,
10, 13, & 14, are true to my information derived from the records of the
case and rest paragraphs are my respectful submission before this Hon’ble
Court.
Prepared in my
office The
deponent is known to me
Advocate Clerk to: Mr. Advocate
Solemnly affirmed
before me
on this the day of March, 2026.
I certify that all
annexures
are legible.
Advocate.
COMMISSIONER
DISTRICT : SOUTH 24
PARGANAS
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
W.P.A.
No. of 2026;
In
the matter of:
An
application under Article 226 of the Constitution of India;
And
In
the matter of:
Sumi Halder @ Sumi Dey.
………..Petitioner
-Versus-
The State
of West Bengal & Ors.
……Respondents
WRIT PETITION
MISS.
PRITILATA SARDAR
Advocate
C/o.
Sanjib Bandyopadhyay, Advocate, Bar Association, Room No.14, High Court,
Calcutta. Mobile Number :
8101750703, E-mail : pritilatasardar75@gmail.com
DISTRICT : SOUTH 24
PARGANAS
IN THE HIGH COURT AT
CALCUTTA
CONSTITUTIONAL WRIT
JURISDICTION
APPELLATE SIDE
W.P.A. No.
of 2026;
In the matter of:
An application under Article 226 of the Constitution of
India;
And
Subject matter relating to-
Under Group
IX , Head , of the Classification List;
Cause title
Sumi Halder @ Sumi Dey.
………..Petitioner
-Versus-
The State of West Bengal
& Ors.
……Respondents
Advocate-on-Record
MISS.
PRITILATA SARDAR
Advocate
C/o.
Sanjib Bandyopadhyay, Advocate, Bar Association, Room No.14, High Court,
Calcutta. Mobile Number :
8101750703, E-mail : pritilatasardar75@gmail.com
DISTRICT : SOUTH 24
PARGANAS
IN THE HIGH COURT AT
CALCUTTA
CONSTITUTIONAL WRIT
JURISDICTION
APPELLATE SIDE
W.P.A. No.
of 2026;
In the matter of:
An application under Article 226 of the Constitution of
India;
And
In the matter of:
Sumi Halder @ Sumi Dey.
………..Petitioner
-Versus-
The State of West Bengal
& Ors.
……Respondents
Index
|
Sl. No. |
Description of Documents |
Annexure |
Page No. |
|
1. |
Writ Petition; |
|
1 to |
|
2. |
Photostat copy of
the said order dated 17.02.2024, passed in AC/746/2023, by the Learned
Judicial Magistrate, 10th Court, Alipore, South 24 Parganas; |
“P-1” |
|
|
3. |
Photostat copies
of the said letter dated 15.04.2024 along with the postal receipt and
tracking report; |
“P-2” |
|
|
4. |
Certified copy of
all orders passed in Misc. Execution no. 335 of 2024; |
“P-3” |
|
IN THE HIGH COURT AT
CALCUTTA
CONSTITUTIONAL WRIT
JURISDICTION
APPELLATE SIDE
W.P.A.
No. of 2026;
In
the matter of:
An
application under Article 226 of the Constitution of India;
And
In
the matter of:
Sumi Halder @ Sumi Dey.
………..Petitioner
-Versus-
The State
of west Bengal & Ors.
……Respondents
SYNOPSIS
The present writ petition under
Article 226 of the Constitution of India has been filed by the Petitioner
aggrieved by the inaction and failure of the respondent police authorities in
executing a warrant of arrest issued by a competent court, thereby frustrating
the implementation of a lawful judicial order.
The Petitioner had obtained an
order dated 17.02.2024 from the Learned Judicial Magistrate, 10th Court,
Alipore, directing the Respondent No. 6 (husband) to pay monthly maintenance of
Rs. 8,000/-. Due to wilful non-compliance, the Petitioner initiated execution
proceedings being Misc. Execution Case No. 335 of 2024 for recovery of arrears
amounting to Rs. 96,000/-, wherein warrant of arrest was issued against the
said Respondent.
Despite receipt of the warrant,
the concerned police authorities failed to execute the same. The Learned Court,
by order dated 04.09.2024, recorded serious dissatisfaction, observing such
conduct to be lackadaisical and amounting to blatant contempt of court.
However, the warrant still remains unexecuted, rendering the judicial order
ineffective.
The continued inaction of the
respondent authorities has caused grave injustice and financial hardship to the
Petitioner and amounts to violation of her fundamental rights. Hence, the
Petitioner has approached this Hon’ble Court seeking appropriate directions for
enforcement of the judicial order.
LIST OF DATES
|
Date |
Particulars |
|
2023 |
The Petitioner instituted an application under Section
12 of the Protection of Women from Domestic Violence Act, 2005 being AC No.
746 of 2023 before the Learned Judicial Magistrate, 10th Court, Alipore,
South 24 Parganas. |
|
17.02.2024 |
The Learned Judicial Magistrate was pleased to pass an
ex parte order allowing the application and directing the Respondent No. 6 to
pay Rs. 8,000/- per month to the Petitioner as monetary relief, with effect
from 21.03.2023, along with arrears payable in instalments. |
|
15.04.2024 |
The Petitioner, through her Learned Advocate, issued a
letter to the Respondent No. 6 calling upon him to comply with the said
order. |
|
16.04.2024 |
The said letter was duly served upon the Respondent No.
6 through Speed Post. |
|
May
2024 |
Due to non-compliance of the order, the Petitioner
initiated execution proceedings being Misc. Execution Case No. 335 of 2024
before the Learned Judicial Magistrate, 10th Court, Alipore. |
|
22.05.2024 |
The Learned Court was pleased to issue warrant of arrest
(D/W) against the Respondent No. 6 vide process nos. 1477/24 and 1834/24. |
|
05.08.2024 |
The warrant of arrest was received by the concerned
police authority at Entally Police Station for execution. |
|
03.09.2024 |
A report was submitted by the Sub-Inspector of Police,
Entally Police Station stating non-execution of the warrant due to alleged
non-availability of the Respondent No. 6. |
|
04.09.2024 |
The Learned Court recorded serious dissatisfaction
regarding non-execution of the warrant, observed the conduct of the police
authority to be lackadaisical and amounting to blatant contempt of court, and
directed personal appearance of the concerned officer. |
|
Thereafter |
Despite repeated directions and adjournments, the respondent
police authorities failed to execute the warrant of arrest. |
|
2026 |
Hence, the present writ petition has been filed before
this Hon’ble Court under Article 226 of the Constitution of India. |
DISTRICT : SOUTH 24 PARGANAS
IN THE HIGH COURT AT
CALCUTTA
CONSTITUTIONAL WRIT
JURISDICTION
APPELLATE SIDE
W.P.A.
No. of
2026;
In
the matter of:
An
application under Article 226 of the Constitution of India;
And
In
the matter of:
Sumi Halder @ Sumi Dey.
………..Petitioner
-Versus-
The State
of West Bengal & Ors.
……Respondents
SHORT LIST OF DATES
|
Date |
Particulars |
|
2023 |
Filing of application under Section 12 of the PWDV Act,
2005 (AC No. 746 of 2023). |
|
17.02.2024 |
Order passed directing payment of Rs. 8,000/- per month
as maintenance. |
|
15.04.2024 |
Demand notice issued to Respondent No. 6. |
|
16.04.2024 |
Service of said notice upon Respondent No. 6. |
|
22.05.2024 |
Warrant of arrest issued in execution proceeding. |
|
05.08.2024 |
Warrant received by police authority for execution. |
|
04.09.2024 |
Court recorded dissatisfaction and directed personal
appearance of police officer. |
|
2026 |
Filing of present writ petition. |
POINTS
OF LAW
1.
Whether failure of
the respondent police authorities to execute a warrant of arrest issued by a
competent court amounts to violation of statutory duty and is amenable to
judicial review under Article 226 of the Constitution of India?
2.
Whether such inaction
and deliberate non-compliance by State authorities violates the fundamental
rights of the Petitioner guaranteed under Articles 14 and 21 of the
Constitution of India?
3.
Whether
non-execution of judicial orders by the police authorities undermines the rule
of law and the administration of justice?
4.
Whether the
Petitioner is entitled to issuance of a writ in the nature of Mandamus
directing the respondent authorities to execute the warrant and enforce the
order passed by the Learned Magistrate?
5.
Whether continued
inaction of the respondent authorities amounts to wilful disobedience of
judicial orders and calls for intervention by this Hon’ble Court?
6.
Whether the
Petitioner, being deprived of the fruits of a lawful judicial order, is
entitled to appropriate relief and protection from this Hon’ble Court in
exercise of its extraordinary jurisdiction under Article 226 of the
Constitution of India?
No comments:
Post a Comment