Alleged Violence Against BJP Worker- "Ensure No Atrocities Against Her; Article 19 Guarantees Free Movement": Calcutta High Court To Police

Noting that allegedly her house had been destroyed and she was unable to enter into her locality, the Bench of Justice Biswajit Basu observed,

"Article 19(1)(d) of the Constitution of India guarantees free movement of every citizen throughout the territory of India."

The Matter before the Court

Before the Court, she alleged that although she had lodged complaint with the local Police Station but no action has been taken in response to her said complaint.

Thus, she sought a direction upon the Officer-in charge Tangra Police Station (respondent no. 5) to take appropriate steps on the basis of her said complaint.

The senior advocate appearing on behalf of the State respondents submitted that a criminal case had already been initiated on the basis of the said complaint of the petitioner and five persons have been arrested.

It was further submitted that the petitioner was claiming to be a resident of a big slum of the locality which had already been demolished in the execution of some development work, however, he denied the allegation of the petitioner that there is a threat of life to the petitioner in the locality.

To this, the Court said,

"Therefore, respondent no. 5 is directed to ensure that no atrocities is perpetrated upon the petitioner if she wishes to return to the locality in question."

Further, the court noted the grievance of the petitioner as ventilated in the instant writ petition has been well addressed since criminal case has been initiated on the basis of her complaint, therefore, no further order on this score need be passed.

It may be noted that dealing with a clutch of Public Interest Litigation petition seeking urgent reliefs in relation to the State of West Bengal in view of the widespread violence and which erupted in the aftermath of the assembly elections, the Calcutta High Court on Tuesday (May 18) directed,

"If any person has suffered on account of post-poll violence, he shall be at liberty to file a complaint along with the supporting documents to the National Human Rights Commission, West Bengal Human Rights Commission, National Commission for Women, and National Commission for Scheduled Castes and Scheduled Tribes."

Presently, the Court is dealing with different petitions (read about them here, here, and here) filed by different persons in connection with Post Poll violence.

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