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Synopsis

The Calcutta High Court recently observed that constructive criticism of the State is an essential right of any citizen and it is a recognized right in any democracy.

The Single Judge Bench of Justice Rajasekhar Mantha said that the police are an independent branch and are supposed to function without any external influence.

It was the case of the petitioner – retired IGP that he was provided with continuous security from 2011 till January 2023 after he retired from the service but there was a sudden withdrawal of security and it was at the same time when the petitioner had been vocal in his criticisms of the current police establishment.

On April 03, 2023, the court sought a report from the office of the DIG, West Bengal with regard to the applicable rules, notification/circular followed for providing security to the retired DIGs and IGs in the state and produce.

Court had also asked for the reason for such a sudden withdrawal of the petitioner’s security.

The IGP, Presidency Range, West Bengal filed a report on April 06, 2023, which indicated that there are no guidelines for providing security to retired DIGs and IGs in the State. It was indicated in the report that security is granted by the police, on the basis of a persistent and accepted threat perception.

“The office of the DG reviews the threat perception to all retired senior officials every six months. In the last review, according to the Inspector General of Police, security to six senior officials has been withdrawn. The name of the said senior officials, though not mentioned in the report, has been read out by Mr Garai, learned counsel for the State,” the court noted.

The court further observed that said report submitted by the IGP did not deal with the petitioner’s application dated January 18 in which it was clearly mentioned that there was continued threat perception to the petitioner.

The court further observed, "The petitioner has not even been spoken with by the office of the IG. This Court has always understood that the police are an independent branch and are supposed to be a unified force and are expected to function without any external influence."

The court directed the State to restore the security protection of the retired IGP, as an interim measure and listed the matter for further hearing on May 16.

Case Title: Sri Pankaj Kumar Datta vs. The State of West Bengal & Ors