Disposed

Rojina Bibi @ Rejina Bibi and Ors. v. State of West Bengal and Ors.

Calcutta HC27 Sept 2023WPA/23261/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition where petitioners faced threats and were ostracized from their homes after relatives were accused in a murder. The court directed police to facilitate their return without compromise.

What did the court decide?

Directed respondents to facilitate petitioners' return to their homes with police escort and security until breach of peace is ensured.

Rojina Bibi @ Rejina Bibi and Ors. Vs… — Constitutional and Fundamental Rights | Calcutta HC (2023)

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02 27.09.2023

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NB Ct. 14

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WPA 23261 of 2023

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Rojina Bibi @ Rejina Bibi & Ors. Vs.

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The State of West Bengal & Ors.

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Mr. Rajendra Banerjee, Mr. Joy Chakraborty, Ms. Ipsita Ghosh.

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…for the petitioners.

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Mr. Wasim Ahmed, Sk. Md. Masud. …for the State.

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Affidavit of service filed on behalf of the petitioners is

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taken on record.

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Report filed on behalf of the State is also taken on record.

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Learned counsel appearing on behalf of the petitioners submits as follows. Some of the relatives of the present petitioners are the accused in a murder case being Margram PS Case No.27 of 2023 dated 05.02.2023. Immediately after the incident, the local people attacked the petitioners’ houses and ousted them from their respective homes. The petitioners are in mortal fear of danger and are not in a position to return home. There are continuous threats and intimidations given out. The petitioners want to return to their homes so that they can also run their business. Two of the petitioners’ relations are students of engineering and cannot pursue their studies because of such precarious situation. Complaints were made by the petitioners, but were not acted upon by the respondent authorities.

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Learned counsel appearing on behalf of the State relies on the report and submits as follows. It is true that there is some resentment among the people of the locality because some of the relatives of the petitioners were allegedly involved in a case of murder. However, after the incident, round the clock police picketing is there in the locality, which is continuing. Moreover, police patrolling has been intensified in the area. On the complaint of the petitioners, diary has been lodged by the police authorities. The petitioners are not the accused in the murder case.

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It is an unfortunate situation where the relatives of the accused in a murder case are being ostracized and allegedly kept out of their home and hearth.

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Whatever be the resentment among the people of the locality, they cannot prevent the present petitioners from returning to their homes. In such exigent circumstances, the petitioners cannot be relegated to the civil Court to obtain necessary relief for returning home.

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Therefore, let the petitioners intimate the intended date and time of return to the Officer-in-Charge of Margram Police Station with a 24 hours’ notice. The Officer-in-Charge shall take necessary steps to arrange for police escort so that the petitioners can return to their respective homes.

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After that, the police picketing that is there in the area shall continue at least for a month. Thereafter, the police authorities shall decide whether to continue with the same or not.

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Even otherwise, the police shall engage frequent patrols, keep a sharp vigil at the locale and ensure that no breach of peace takes place.

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In the event any untoward incident occurs or is apprehended by the petitioners, they shall be at liberty to call up the Officer-in-Charge of the local police station who shall then act in accordance with law.

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With these observations, the writ petition is disposed of.

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Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

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(Jay Sengupta, J.)

Rojina Bibi @ Rejina Bibi and Ors. v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Rojina Bibi @ Rejina Bibi and Ors. v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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