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2026 DAILYLAW 26591 (CAL)

SOUMEN BANERJEE v. STATE OF WEST BENGAL AND ORS.

WPA/11636/2026 · 2026-07-03

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

40. 40. 03.07.2026 (D/L) (D/L) CT. NO. 05 CT. NO. 05 (ARPAN-A.R.CT.) In The High Court at Calcutta CONSTITUTIONAL WRIT Jurisdiction (Appellate Side) W.P.A. 11636 OF 2026 MR. SOUMEN BANERJEE VS THE STATE OF WEST BENGAL AND OTHERS …………… Mr. Debarshi Brahma, Adv. …For the Petitioner Mr. Suryaneel Das, AGP Ms. Anita Kundu, Adv. Ms. Sumita Sarkar, Adv. …For the State 1. In terms of the order dated 10th June, 2026, an affidavit affirmed on 19th June, 2026 by Officer-in- Charge, Dasnagar Police Station, Howrah Police Commissionerate is filed today and same is taken on record. 2. It is disclosed in paragraph 7 of the said affidavit that one armed Personal Security Officer (in short, “PSO”) was provided to the petitioner due to petitioner’s political involvement. It is also stated in affidavit that after declaration of result of West Bengal Assembly Election, 2026 political scenario has changed and there is no threat perception at present subsists so far petitioner is concerned. 3. Furthermore, it is also disclosed in the affidavit that at present petitioner does not hold any position of political significance warranting security cover by deputing armed PSO in his favour. 4. A case is made out in this writ petition that petitioner was provided one armed PSO which was abruptly withdrawn on and from 12th May, 2026 and in this regard a direction is sought for in the writ petition [2] upon the concerned police authority to provide armed PSO to the petitioner. 5. It is submitted on behalf of the State respondents that a criminal prosecution was initiated based on the complaint lodged by the petitioner and at present in connection with the said criminal prosecution trial is going on before the court below. 6. Learned advocate representing the petitioner submits that since accused persons are on bail in connection with the criminal prosecution, petitioner apprehends threat and assault at the instance of those accused persons. 7. If petitioner faces any difficulty at the instance of the accused persons in the criminal prosecution which was initiated based on the complaint lodged by petitioner, in that event, it will be open to the petitioner to approach the appropriate forum for cancellation of bail. 8. In addition thereto no case is made out in this writ petition that after withdrawal of armed PSO on and from 12th May, 2026 petitioner is subjected to any threat or assault. 9. In aforesaid consideration no direction is called for in this writ petition upon the concerned police authority to provide armed PSO to the petitioner. 10. However, petitioner shall be at liberty to approach the concerned police authority in the event, petitioner is subjected to threat, assault or intimidation. 11. With the above observations writ petition stands disposed of. [3] 12. Urgent photostat certified copy of the order, if applied for be given to the parties upon usual undertakings. (SAUGATA BHATTACHARYYA, J.)