The Calcutta High Court recently held that constructive criticism of the State is an essential right of any citizen [Pankaj Kumar Dutta v. State of West Bengal]..Justice Rajasekhar Mantha was hearing a plea filed by a former Inspector General of Police (IGP) whose security was withdrawn in January this year by the State. In its order, the Court opined that the police was supposed to be an independent branch free from external influence."This Court has always understood that the police are an independent branch and are supposed to be unified force and are expected to function without any external influence...Constructive criticism of the State is a necessary and essential right of any citizen. It is a recognized right in any democracy," the order stated..The judge said that the timing of withdrawal of the security cover was questionable, as it was done when he was more vocal against the present establishment. "The petitioner has retired from service in the year 2011 and has been given security continuously from 2011 to till January 2023. The sudden withdrawal of security and the timing of the same when the petitioner has been vocal in his criticism of the current police establishment is too blatant to be brushed aside," the order stated..Noting from the State's report that there is continued threat perception to the petitioner, the Court ordered the State to immediately restore the security cover to the petitioner as an interim measure..During the hearing, the Court was informed that there is no such policy of the State to provide security cover to retired IGs etc. Only those who face a persistent and accepted threat perception are provided with the security. It was further submitted that in the recent half-yearly review, the security cover of nearly 6 ex-IGPs was withdrawn. The bench will take up the matter for hearing again on May 16. .Advocates Jayanta Narayan Chatterjee, Supreem Naskar, Jayashree Patra, Sreeparna Ghosh and Pritha Sinha appeared for the Petitioner. Advocates Debasish Ghosh and Prantik Garai represented the State. .[Read order]
