In the case of Sri Pankaj Kumar Datta Vs. The State of West Bengal and Ors (WPA 4521 of 2023), as an interim measure, The single judge bench of Justice Rajasekhar Mantha of the Calcutta High Court directed the State on Monday to restore the security protection of a retired IGP. The security was allegedly withdrawn by the State because he has been vocal in public debates criticizing the police apparatus and the government.
Facts of the Case:
The Petitioner was provided a security guard that is allowed to all retired DIGs and IGs of Police in the State. The petitioner in Court submitted that the security was withdrawn recently with no notice. Previously, in an order dated April 3, 2023, the court requested a report from the Office of the DIG, West Bengal, on the applicable rules, police notification/circular, and produce for providing security to retired DIGs and IGs in the state. The Report indicated that there are no rules or guidelines for providing security to retired DIGs and IGs in the State. Security is granted by the police, on the basis of a persistent and accepted threat perception, to retired senior officials of the police.
Order Review:
The court further observed that said report submitted by the IGP does not deal with the petitioner’s application dated January 18 in which it was clearly mentioned that there is continued threat perception to the petitioner. The Court observed that the police are an independent branch and are supposed to be a unified force and are expected to function without any external influence. “Constructive criticism of the State is a necessary and essential right of any citizen. It is a recognized right in any democracy.” The court directed the State to restore the security provided to the petitioner as an interim measure. The matter is listed again for hearing on May 16.
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JUDGMENT REVIEWED BY DIVYA SHREE GN
