Outsiders' Entry Inside Alipore Zoo| Calcutta HC Disposes Of Plea By Directing Police To Act Impartially, Submit Report To Magistrate Within 1 Month

The Calcutta High Court on Thursday disposed of a plea pertaining to the alleged entry of outsiders inside the Kolkata Alipore Zoo premises by directing the concerned police authorities to investigate into the matter and submit a report to the concerned jurisdictional Magistrate within a period of one month. 

The Court was adjudicating upon a plea moved by BJP leader Rakesh Kumar Singh alleging that on January 24 about 600-700 persons had forcefully entered the Zoo premises even though the premises were not open to the public due to the ongoing Covid-19 pandemic.

Justice Rajasekhar Mantha on the previous date of hearing had taken a prima facie view that the instant dispute related to the recognition of a Trade Union and was hence a labour matter. 

On Thursday, the Court took on record the reports, objections and replies from the concerned parties. It was also noted that there appears to be peace in the area. 

However, Justice Mantha opined that the claims of the petitioner cannot be adjudicated under writ jurisdiction and accordingly observed, 

"This Court is of the view that the claims and grievances of the petitioner as recorded hereinabove, cannot be dealt with under Article 226 of the Constitution of India."

The Court further directed the concerned police authorities to investigate into the complaints lodged in an impartial manner and submit a report to the concerned jurisdictional Magistrate within a period of one month. 

"The Zoo Administration and police are ordered not to take sides and be impartial in dealing with any situation inside or outside the Zoo premises. The complaint filed by the police shall be investigated and suitable report be submitted to the jurisdictional Magistrate within a period of one month from date. The complainants may take appropriate steps against such final report as they may be advised in accordance with law", the Court directed. 

During the hearing, it was contended that the police authorities are siding with a section of employees in the formation of a new trade union. The management of the Zoo was also alleged to be partisan.

Advocate Billwadal Bhattacharyya appearing for the petitioner submitted that since his association has been thrown out from the trade union office premises in the Zoo premises, the same ought to be restored. Reliance was placed on an assurance of the management dated April 6, 2010, whereby the petitioner's association was granted possession of the trade union office.

The Court had earlier directed the police authorities and the Zoo authorities to submit detailed reports in this regard pursuant to the examination of the relevant CCTV footage. It had been further noted that there is only one Trade Union having 74 members called "Kolkata Zoological Garden Employees Association". "The majority members are affiliated to one political party as confirmed by the Zoo Authorities. Counsel for the State disputes the same", the Court had recorded in its order further.

Case Title: Rakesh Kumar Singh v. Director, Alipore Zoological Garden & Ors

Case Citation: 2022 LiveLaw (Cal) 50 

Click Here To Read/Download Order