Constructive Criticism of State A Necessary & Essential Right of Any Citizen’: Calcutta High Court Orders Restoration of Retired IGP’s Security
On Monday, the Calcutta High Court ordered the State to temporarily reinstate an IGP’s security protection. He claims that the State removed the security because of his outspoken public criticism of the administration and the police apparatus. “Constructive criticism of the State is a necessary and important right of any citizen,” Justice Rajasekhar Manta’s single-judge panel stated. As is the practice with all former DIGs and IGs of Police in the State, the petitioner in this instance received a security guard. The petitioner claimed in court that the security was recently revoked without a warning. The court had previously requested a report from the Office of the DIG, West Bengal, regarding the applicable laws, police notifications, and circulars followed for providing security to the state’s retired DIGs and IGs via an order dated April 3, 2023. The court had additionally ordered that the report must also include a justification for the withdrawal of the petitioner’s security. According to the report provided by the IGP, Presidential Range, there are no regulations or guidelines for providing protection to former DIGs and IGs, and security for six high-ranking officers has been revoked since the last evaluation. Although not being listed in the report, the name of the aforementioned high officials was read out by Mr. [Prantik] Garai, learned counsel for the State, the court noted in its order. The petition further stated: “The petitioner retired from service in 2011 and has been constantly provided security from 2011 to January 2023. It is too obvious to ignore the sudden security withdrawal and the timing of it, given that the petitioner has been outspoken in his criticism of the existing police system. The court further noted that the IGP’s report in question does not address the petitioner’s plea from January 18 in which it was made plain that the petitioner continues to be perceived as being under threat. “The I.G. office has not even attempted to contact the petitioner. This Court has always recognized that the police are an autonomous branch that should operate as a unified force free from outside interference “It kept watching. The petitioner was given security, and as a temporary remedy, the court ordered the State to return it. The subject will be heard once more on May 16. Case Title: Sri Pankaj Kumar Datta v. The State of West Bengal & Ors. Coram: Justice Rajasekhar Manta
