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by Admin
07 May 2024 2:49 AM
High Court at Calcutta, presided over by Justice Jay Sengupta, issued a stern directive in W.P.A. 11715 of 2023, emphasizing the need for vigilant law enforcement in matters of social boycott and property disputes.
The case revolved around a property owner, represented by Mr. Somnath Mukherjee, who faced severe disturbances and a social boycott from private respondents. The dispute originated from objections raised by the petitioner against an illegally constructed temple in front of their property. Despite obtaining an injunction order from the Civil Court, the petitioner’s grievances persisted due to non-compliance by the private respondents.
In his observation, Justice Sengupta stated, “Any social boycott of a citizen or his family member has to be dealt with strictly by the Administration. This has no place in a civilized society.” This statement underlines the court’s firm stance against the archaic practice of social boycotts, highlighting the importance of upholding civil liberties in modern society.
The court further instructed the respondent police authorities to ensure peace and order in the area, mandating frequent patrols and vigilance. This directive comes as a response to the initiation of proceedings under Section 107 of the Code by the State, represented by Mr. Amritlal Chatterjee, following the petitioner’s complaint.
The ruling sets a precedent for handling similar cases where the enforcement of civil court orders is crucial. The High Court’s decision to dispose of the writ petition with specific observations for the police to act vigilantly in such matters reflects the judiciary’s active role in safeguarding citizen rights and maintaining social order.
The decision was warmly received by legal experts and civil society activists, who view it as a progressive step towards ensuring justice in complex social and legal disputes. The court’s emphasis on the administration’s duty to address social boycotts and its impact on the fabric of a civilized society has been particularly noted as a significant judicial observation in recent times.
Date of Decision;27th December 2023
Sri Ranajit Mondal VS The State of West Bengal & Ors.