Calcutta High Court Directs Police Protection For Puja Committee Holding 'Jagadhatri Puja' At Durga Mandir

The Calcutta High Court has directed the state to provide police protection to the puja committee conducting Jagadhatri Puja at Sarkar Para Durga Mandir, in a plea by the committee seeking necessary permissions and protections for organising the puja.

A single bench of Justice Jay Sengupta held:

"As the petitioner had been holding the said Jagadhatri Puja at the said venue admittedly for sometime and they have obtained all other necessary permissions for this year, there should not be any impediment upon them to hold the said Jagadhatri Puja this year. In view of the above, let the local police make all necessary arrangements in and around the venue for the petitioner to celebrate and holding Jagadhatri Puja at the said venue. The Officer-in-Charge of the local Police Station shall ensure that no breach of peace takes place and would deploy adequate number of police personnel for such purpose."

It was stated by the petitioners that they had been conducting Jagadhatri puja at the said venue for the past 11 years. It was argued that even last year the police had not granted permission, which prompted the petitioner to approach the Court. As the State did not object to their holding Puja, no formal order was passed and the Jagadhatri Puja was held peacefully.

Petitioners argued that some local individuals actuated by political motives wanted to thwart the efforts of the petitioner merely because some leaders associated with the opposition political party of the State might attend the said Puja.

It was stated that even for this year permissions have been obtained from the Fire Department, the Electricity authorities and the Municipality.

Counsel appearing on behalf of the State denied the allegations and submitted that there was a tussle between two groups conducting the Puja at the Sarkar Para Durga Mandir and there was no political angle in this. However, he submitted that Jagadhatri Puja has been held there by the petitioners for the last four years.

Court noted that the main issue indicated by the State in the Report was that the petitioner did not intimate the said Sarkar Para Sarbajonin Durga Mandir about holding of Jagadhatri Puja this year. Enquiry revealed that Sarkar Para Sarbajonin Durga Mandir comprising of inhabitants of Sarkar Para had taken a resolution that if any Puja was to be held at the said Durga Mandir then they should be intimated about the same by the particular puja committee.

The Report also mentioned the tension prevailing in the area over the issue. However, it was noted that the petitioner had conducted Jagadhatri Puja last year at the said Sarkar Para Durga Mandir and obtained necessary permissions from the other authorities, except from the police. Even this year they have obtained such permissions.

Accordingly, court held that as the petitioner had been holding the said Jagadhatri Puja at the said venue admittedly for sometime and they have obtained all other necessary permissions for this year, there should not be any impediment upon them to hold the said Jagadhatri Puja this year.

Case: Gautam Ray Vs. State of West Bengal & Ors.

Case No: WPA 25916 of 2023

Citation: 2024 LiveLaw (Cal) 231

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