'Constructive Criticism Of State A Necessary & Essential Right Of Any Citizen': Calcutta High Court Orders Restoration Of Retired IGP's Security

The Calcutta High Court on Monday directed the State to restore the security protection of a retired IGP, as an interim measure. The security was allegedly withdrawn by the State because he has been vocal in criticising the police machinery and the government in public debates.

The single judge bench of Justice Rajasekhar Mantha observed:

“Constructive criticism of the State is a necessary and essential right of any citizen. It is a recognized right in any democracy.”

It was the case of the petitioner that he was provided a security guard which is afforded to all retired DIGs and IGs of Police in the State. The petitioner submitted before the court that the security was withdrawn recently without any prior notice.

Earlier, vide its order dated April 3, 2023, the court had sought report from the Office of the DIG, West Bengal with regard to the applicable rules, police notification/circular followed for providing security to the retired DIGs and IGs in the state and produce. The court had further directed that the reason as to why the petitioner’s security has been withdrawn shall also be indicated in the report.

The report submitted by the IGP, Presidency Range indicated that there are no rules or guidelines for providing security to retired DIGs and IGs in the state and security is granted by the police, on the basis of a persistent and accepted threat perception, to retired senior officials of the police.

"The office of the DG reviews the threat perception to all retired senior officials every six months. In the last review, according to the Inspector General of Police, security to six senior officials has been withdrawn. The name of the said senior officials, though not mentioned in the report, has been read out by Mr. [Prantik] Garai, learned counsel for the State," the court noted in the order. 

It further said:

“The petitioner has retired from service in the year 2011 and has been given security continuously from 2011 to till January 2023. The sudden withdrawal of security and the timing of the same when the petitioner has been vocal in his criticism of the current police establishment is too blatant to be brushed aside.”

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 petitioner has not even been spoken with by the office of the I.G. This Court has always understood that the police are an independent branch and are supposed to be unified force and are expected to function without any external influence," it observed further.

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.

Case Title: Sri Pankaj Kumar Datta v. The State of West Bengal & Ors.

Citation: 2023 LiveLaw (Cal) 99

Coram: Justice Rajasekhar Mantha

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