[Sandeshkhali Violence] Calcutta HC Allows BJP's Suvendu Adhikari To Visit Area, Directs Undertaking That His Activities Won't Deteriorate Law & Order Situation

The Calcutta High Court on Monday, allowed a plea by BJP MP and Leader of Opposition, Suvendu Adhikari to visit the affected area in Sandeshkhali, West Bengal, from where there have recently been reports of alleged violence and assault on women. 

Live Law had earlier reported on a suo moto motion taken up by the Calcutta High Court regarding the aforesaid violence, as well as an order staying the declaration of Section 144 CrPC in the area.

In the present plea, a single bench of Justice Kausik Chanda, allowed the plea moved by Adhikari and permitted him to visit the area subject to certain conditions. It held:

The petitioners will be allowed to visit Sandeshkhali Gram Panchayat under Sandeshkhali Block –II on February 20, 2024. The petitioners, within 9:30 p.m. of this date, shall submit their proposed plan of visit along with the route map before the local police station. The petitioners shall also file an undertaking before the local police station not to engage in any activities that may lead to deterioration of the law and order situation in the locality. The State may deploy required number of security personnel to ensure that no untoward incident takes place during their visit.

The Court further ordered the jurisdictional police station to furnish a report on the number of registered criminal cases relating to rape and sexual assault in Sandeshkhali from 1st February 2024 to present. 

The petitioners argued that the SP of Basirhat district had denied permission to them to visit Sandeshkhali on the grounds that it may lead to a violation of the 144 CrPC orders.

It was submitted that a coordinate bench had stayed the promulgation of S. 144 CrPC orders in the area. 

Advocate General for the State submitted that promulgation under Section 144 CrPC was a reasonable restriction on fundamental rights and that the coordinate bench's order was passed for the benefit of the residents of Sandeshkhali, which could not be used by the petitioner for his advantage. 

It was further argued that an intelligence report by the Union had shown a likelihood of law and order problems during the petitioner's visit to the area. 

Upon hearing the arguments, the Court noted the order of the coordinate bench and reiterated the right to free movement under Article 19 of the Constitution.

It was also noted that the Section 144 CrPC orders could not be imposed in a cut-copy-paste manner.

Accordingly, the plea was allowed.