Justice Rajasekhar Mantha made this observation while adjudicating a petition moved by Bharatiya Janata Party (BJP) leader and LOP in the West Bengal assembly Suvendu Adhikari, against the State government complaining that his security is being compromised.
“The respondents shall bear in mind that the petitioner is the Leader of Opposition in the State and is entitled to the same privileges as that of a Cabinet Minister,” the order passed by the Court said.
Adhikari had moved the High Court contending that third parties were continuously obstructing and disturbing his functioning by taking advantage of loopholes in his security arrangements.
He raised the following issues for consideration of the Court:
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The placement of the CCTV Cameras in the house of the petitioner by the State police is invading the privacy of the petitioner and his family;
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There is noise pollution in and around the residence of the petitioner and as a consequence of the loudspeakers blaring upto 2 AM in the morning;
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The political rallies occurring in and around the house of the petitioner are causing annoyance and obstructing peaceful residence.
At the outset, the Court noted that the petitioner is entitled to mandatory ‘Z’ category security.
But placing of CCTV cameras in the residence of the petitioner, is essentially and exclusively a matter within the purview of the authorities responsible for the security of the petitioner, the Court opined.
“The invasion of privacy by reason of the placement of the security cameras must be addressed by the CRPF. The placement of the CCTV Cameras and petitioner’s privacy shall be addressed, in a joint meeting between CRPF and the State police,” the single-judge observed.
However, as regards noise pollution, the Court directed the State authorities to ensure that no loudspeakers are allowed to operate in and around the residence of the petitioner after 8 PM.
Regarding political rallies, meetings and functions being held in the vicinity of the petitioner’s residence, the Court asked the State to come up with appropriate instructions and suggestions.
The matter will be heard again on February 8, 2022.
Advocates Soumya Majumder, Rajdeep Majumder, Sourav Chatterjee, Debanik Banerjee, Moyukh Mukherjee, Anish Kumar Mukherjee and Amrit Sinha appeared for the petitioner.
Advocate-General SN Mookherjee, Government Pleader Anirban Ray, advocates TM Siddiqui, Raja Saha and Debasish Ghosh appeared for the respondents.
Source: Barandbench
