HC directs Bengal govt to requisition central forces to maintain peace during Hanuman Jayanti

The Calcutta High Court Wednesday directed the West Bengal government to requisition central forces for assisting the state police in maintaining peace during Hanuman Jayanti celebrations.

The court said in view of events in the recent past, the order was being given to assure the general public that they are safe and will not be affected by any disturbance.

Clashes had taken place at some places in Howrah and Hooghly districts between two groups during and after Ram Navami processions last week.

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Observing that prevention is better than cure, a division bench presided by Acting Chief Justice T S Sivagnanam directed the West Bengal government to requisition central forces to avoid any breach of peace when Hanuman Jayanti rallies are taken out on Thursday.

The court also directed the Centre to make swift arrangements for such deployment on receipt of requisition from the state.

Advocate General S N Mookherjee told the court that around 2,000 applications have been received by the police in the state for holding Hanuman Jayanti rallies.

The order came on a PIL filed by Leader of Opposition in West Bengal Assembly Suvendu Adhikari.

The high court said the state police is required to take all steps, with the assistance of the central forces, to prevent any untoward incident so that the public are not put to jeopardy.

It also asked the state to file an action taken report on the next date of hearing.

"The intelligence wing of the state police shall be strengthened and all steps be taken to avert any such pre-planned attacks or violence," the bench directed.

It said that considering the sensitivity of the issue, no political personality or a leader or a common man will make any statement to the public or to the media concerning the festival to be celebrated on Thursday.

The court said the police will have the discretion to restrict the route of any procession considering the "unpleasant" events that have taken place.

Police authorities were directed to conduct route march on Wednesday to reassure the public that the force is there to safeguard their interest.

Additional CCTV cameras will have to be installed and videography has to be done at vantage areas through which the processions pass, the court said.

The state government submitted reports on the incidents in Shibpur and Rishra as per earlier directions of the court.

Passing the order, the bench, also comprising Justice Hiranmay Bhattacharyya, said it has to be ensured that Hanuman Jayanti is celebrated in a peaceful manner without any untoward incident.

Noting that the high court registry has received a representation from an additional sessions judge, Diamond Harbour in South 24 Parganas district, the chief justice said the judge has lamented in it that he was unable to get police assistance for his family, residing in Rishra.

The judge said in the letter he himself was at the Rishra residence during the unrest there, and that after going back to Diamond Harbour, he is worried about the safety and security of his family members.

The bench directed the state to ensure that judges of the district judiciary should be in a position to discharge their judicial duties, and any request by them for security should be rendered.

The court said police should immediately act on calls by the general public apprehending any breach of peace in their locality.

On a list of 27 terms and conditions submitted by the AG as framed by the Kolkata Police for granting no objection certificates for holding rallies, meetings and processions, the court said the conditions should be more stringent.

"Considering the fact that during the Ram Navami festival, several incidents had occurred in the districts neighbouring Kolkata, we are of the view that more stringent conditions are required to be imposed," it said.

The bench said the person/s organising the rallies or processions must be made accountable, and that the number of participants can be restricted by the police.

It also directed that no rallies or processions should be conducted in areas where prohibitory orders under Section 144 of CrPC have been promulgated.