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Calcutta High Court · body

2010 DIGILAW 759 (CAL)

Abu Hossain Mallick v. STATE OF WEST BENGAL

2010-07-07

J.K.BISWAS

body2010
JUDGMENT (1. COUNSEL submits that the petitioners have brought this art.226 petition seeking a mandamus commanding the police to execute an order of the Civil Court in the discharge of their duties under of s.23 of the Police Act, 1861. (2. THE provisions of s.23 of the Police Act, 1861 are quoted below : "23. Duty of police officers. It shall be the duty of every police officer promptly to obey and execute all orders and warrants lawfully issued to him by any competent authority: to collect and communicate the intelligence affecting the public peace: to prevent the commission of offences and public nuisances: to detect and bring offenders to justice and to apprehend all persons whom he is legally authorized to apprehend, and for whose apprehension sufficient ground exists: and it shall be lawful for every police officer, for any of the purposes mentioned in this section, without a warrant, to enter and inspect any drinking shop, gaming-house or other place or resort of loose and disorderly characters." The question is whether the High Court should make an order under art.226 of the Constitution directing the police to execute an order of a Civil Court. (3. RELYING on Niranjan Chakraborty v. The State of West Bengal and Ors., 2003(1) CLJ 431 counsel submits that power under art.226 can and should be exercised for making an order commanding the police to execute dthe order of the Civil Court. (4. IN my opinion, an order of a Civil Court is to be executed only by a Civil Court. No law requires that for execution of an order of a Civil Court the party getting the order is to approach the High Court under art.226. Nothing in s.23 of the Police Act, 1861 provides that once an order is made by a Civil Court the police shall automatically incur an obligation to execute the order. The police will do their duty only when they are directed by the Civil Court to do any particular thing. Hence I am unable to accept the argument that the petitioners were free to approach this Court seeking a mandamus commanding the police to execute the order of the Civil Court. Their remedy, if any, was before the Civil Court that made the order in question. For these reasons, the petition is dismissed. No costs.