Humayun Kabir, After Forming New Political Party, to Approach Ministry of Home Affairs for Police Protection
In a recent judgment, the Calcutta High Court addressed a petition filed by Humayun Kabir, a former member of the West Bengal Legislative Assembly, who sought enhanced security measures after forming a new political party. The court granted Kabir the liberty to submit a detailed representation to the Ministry of Home Affairs for the deployment of police personnel, potentially of Z+ category, for his protection.
The petitioner, Humayun Kabir, has been provided with two armed police constables for several years by the Murshidabad district police, which continues to ensure his security. Despite this, Kabir expressed concerns over potential threats to his life and property following his departure from the ruling political party and the establishment of his own party.
The State submitted a report indicating that adequate police deployment has been provided during Kabir's events, with no incidents reported. However, Kabir's counsel argued that potential conflicts with the district police might arise due to his political activities, warranting additional security measures.
The court, presided over by Justice Suvra Ghosh, acknowledged the jurisdiction of personal security under Schedule 7 List 2 of the Constitution, emphasizing that it falls within the State's domain. Nevertheless, the petitioner was granted the option to approach the Ministry of Home Affairs with his concerns.
The court directed that Kabir could submit a comprehensive representation to the Ministry, detailing the circumstances necessitating enhanced security. The Ministry is expected to review and address the request in accordance with legal norms, preferably within two weeks from receiving the application.
In its judgment, the court refrained from delving into the merits of the case, leaving the decision to the Ministry of Home Affairs. The writ petition was disposed of without any costs, and urgent certified copies of the order were made available to the parties upon request.
This decision underscores the procedural path available to individuals seeking enhanced security due to perceived threats, highlighting the role of the Ministry of Home Affairs in such matters.
Bottom Line:
Personal security - A member of the Legislative Assembly, after forming his own political party, sought enhanced security citing threats to life and property - The petitioner was already provided with two armed police constables and police coverage for his programmes - The court granted the petitioner liberty to make a representation to the Ministry of Home Affairs for deployment of police personnel, subject to payment of requisite cost.
Statutory provision(s): Constitution of India Schedule 7 List 2
Humayun Kabir v. State of West Bengal, (Calcutta) : Law Finder Doc id # 2843448
