The Calcutta High Court on Tuesday directed the State of West Bengal to file a comprehensive action-taken and compliance report detailing the preventive, remedial, and law enforcement measures adopted in relation to alleged incidents of assaults, including egg-pelting, on political workers, MPs, and MLAs of the All India Trinamool Congress (AITC).
The Division Bench of Acting Chief Justice Tapabrata Chakraborty and Justice Partha Sarathi Sen passed the order on a public interest litigation seeking the Court’s writ jurisdiction under Article 226 of the Constitution.
The High Court directed the State police authorities to strictly adhere to applicable statutory guidelines, policing protocols and constitutional safeguards, and take prompt preventive as well as corrective action in the event of any cognisable offence or breach of public order. The matter has been posted for further consideration on July 20.
Senior Advocate Kalyan Bandopadhyay, appearing for the petitioner, pressed for urgent interim reliefs, submitting that repeated incidents of violence against political functionaries reflected a continuing law and order issue requiring immediate judicial intervention to safeguard constitutional rights to life and personal liberty under Article 21.
The Bench, however, observed that isolated arrests or piecemeal enforcement actions would not adequately address the larger systemic concern raised in the petition. It noted that the issue also involved broader questions of societal behaviour and public perception in a constitutional democracy governed by the rule of law. The Court further emphasised that dehumanisation of individuals could not be permitted within the constitutional framework and that enforcement action must align with fundamental rights and due process requirements.
When the Additional Advocate General informed the Court that multiple FIRs had already been registered in connection with the alleged incidents, the Bench underscored the State’s heightened constitutional obligation as a public law authority, particularly in matters involving maintenance of law and order and protection of individuals under State supervision or custody.
While taking note of the concerns raised in the petition, the Court observed that the State’s own submissions indicated that such incidents were unacceptable and warranted institutional corrective mechanisms. It further held that principles of audi alteram partem required that the State be given an opportunity to place its response and compliance measures on record, and cautioned that judicial directions must be capable of practical enforcement within the administrative and policing framework.
Accordingly, the Court directed the state government to submit a detailed compliance affidavit setting out the steps taken to ensure enforcement of law and prevention of recurrence of such incidents. It further directed police authorities to comply with extant guidelines and standard operating procedures and to take necessary preventive and remedial action in the event of any future untoward incident affecting public order or security.
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