'Heart-Wrenching Atrocities Suffered By Villagers, Restricting Movement Causes Undue Harassment': Calcutta HC Sets Aside S.144 CrPC Orders Imposed In Sandeshkhali

The Calcutta High Court has set aside orders under Section 144 CrPC (prohibiting the assembly of four or more people in an area) imposed in West Bengal's Sandeshkhali in the wake of unrest due to alleged sexual harassment of women and illegal land grabbing in the area by miscreants allegedly from the ruling political dispensation, which was taken cognizance of by a coordinate bench of the Court.

A single bench of Justice Jay Sengupta quashed the 144 CrPC orders promulgated in the area and held:

The atrocities on the villagers by three prime miscreants belonging to the ruling political dispensation, as alleged, are absolutely repulsive and heart wrenching.  Non-arresting of the prime miscreants and their accomplices coupled with restriction on free movement of the villagers, at least in terms of Section 144 of the Code, may pose undue harassment to the inhabitants of the area and make them more vulnerable to further atrocities, especially in view of the peculiar geography of the place. Such promulgation has to be done by exercising more care and circumspection and surely, with a better reasoning. After all we are dealing with the rights of the citizens of the country.

Petitioners contended that they were residents of Sandeshkhali and were aggrieved by the high-handed and arbitrary action of the police. 

It was submitted that three miscreants, namely Sk. Shajahan, Shiba Prasad Hazra and Uttam Sardar, all belonging to the ruling political dispensation, had been torturing the inhabitants of the area in various ways. 

It was argued that these miscreants would forcibly grab agricultural land, form illegal fisheries and force local people to work at these fisheries without proper remuneration.

It was argued that they would take women of the locality away at night to their offices, and sexually exploit them, leading to a demonstration by the women against their actions, which caused an S.144 CrPC order to be issued by the administration.

It was argued that the police in aiding the criminals attempted to dispel the gathering of local villagers, and picked up the male relatives of the protesting women. Only after pressure from local media, was one accused arrested.

Advocate General for the State, submitted that most contentions raised in arguments were not based on the writ petition.

It was submitted that the situation in Sandeshkhali deteriorated over the last few days and scuffles had taken place in the area, leading to a large group of armed, protesting women who were sloganeering against the police and even set fire to one of the accused's properties. 

Upon hearing the arguments, the Court found the atrocities suffered by the villagers to be heart-wrenching.

It held that: Non-arresting of the prime miscreants and their accomplices coupled with restriction on free movement of the villagers, at least in terms of Section 144 of the Code, may pose undue harassment to the inhabitants of the area and make them more vulnerable to further atrocities, especially in view of the peculiar geography of the place.

Court observed that unless a sense of confidence was instilled in the minds of the local people, they would not be able to file complaints against the perpetrators.

In dealing with the 144 CrPC order, the Court noted that it broadly referred to the tension in the area and the exact nature of the illegality or apprehended danger had not been discussed, thereby making a bald and ritualistic reference to the possibility of breach of peace.

In relying on Supreme Court precedents on the test of promulgating S.144 CrPC orders, the Court held that no proper satisfaction of such tests had been recorded in the present case.

No material was placed as to why the entire Sandeshkhali police station area should be covered with the order, the Court noted.

Accordingly, the order imposing restrictions under Section 144 CrPC was set aside and the court directed the police authorities to fix their priorities by looking for the miscreants, after which the aggrieved women could peacefully and safely file their complaints regarding the atrocities suffered by them.

Citation: 2024 LiveLaw (Cal) 48