The judiciary in South 24 Parganas of West Bengal has been facing severe intimidation and security threats, according to a letter written to the Registrar of Calcutta High Court by the District Judge. The threats have been particularly prevalent in the Diamond Harbour Sub-Division over POCSO-related decisions linked to the ruling Trinamool Congress (TMC).
Letters from judicial officers, including one from District Judge Subhradip Mitra, detailed a series of alarming incidents that raised questions about the safety of the judges. Furthermore, the letters raised concerns about possible police complicity in the matter. The letters were shared by Bharatiya Janata Party IT Cell Chief Amit Malviya on social media platform X.
THIS IS ABSOLUTELY SHOCKING. JUDICIARY UNDER THREAT IN SOUTH 24 PARGANAS, DIAMOND HARBOUR SUB-DIVISION. SUPREME COURT MUST TAKE SUO-MOTO COGNIZANCE OF THE MATTER.
— Amit Malviya (@amitmalviya) September 11, 2024
MAMATA BANERJEE’S NEPHEW IS THE MEMBER OF PARLIAMENT FROM HERE.
This is an unprecedented letter.
Shri Subhradip… pic.twitter.com/dlN0Xydwkg
Incident Overview
According to the letter written to the District Judge by ADJs and ACJM, Diamond Harbour, the incident took place on the night of 8th September 2024. At around 11:30 PM, Additional Chief Judicial Magistrate (ACJM) Diamond Harbour’s house guards informed him that a police officer from Pailan police headquarters, identified as Kumaresh Das, was involved in sending two unidentified persons to Judges’ Abasan (residential complex) with the intent to disconnect electricity. The move was seen as an attempt to create a cover for a possible physical assault on the judicial officers using the darkness and chaos.
Miscreants and police inaction
At around 1:10 AM, a masked person was spotted loitering near the main gate of the judicial accommodation. He signalled the guards to allow entry. However, the guards sensed danger, denied access, and informed the judges. ACJM immediately called the Inspector in charge of Diamond Harbour police station at 1:13 AM and requested urgent assistance. The police station is located in close proximity to the judges’ accommodation. However, the police personnel delayed reaching the spot, and the miscreant continued to loiter outside the gate. At 1:22 AM, another call was made to the police, and after another 20 minutes, the police arrived at the scene.
Reports of conspiracy and fear
The letters further alleged a conspiracy involving police officer Kumaresh Das, who colluded with a local police officer from Diamond Harbour police station to help the miscreant enter the premises and possibly harm the judges. The judicial officers raised concerns that the threats against them came to the fore following certain POCSO rulings that were not in favor of the local political establishment linked to the ruling Trinamool Congress (TMC).
Security footage and a short video recording of the incident confirmed that a person was seen loitering outside the residence of the judges. The judicial officers pointed out that these incidents were not isolated and that there has been a pattern of judicial interference where police are allegedly used as a tool for political vendetta.
Official correspondence
District Judge Subhradip Mitra, in his letter to the Registrar of the Kolkata High Court, West Bengal, emphasised the gravity of the situation. He described how the safety and independence of the judicial officers are under threat and expressed apprehension that there is a nexus between police personnel and the miscreants involved. He added that these threats and situations have been potentially orchestrated by people with political influence who were displeased with the judgments, specifically in POCSO cases.
Call for action by BJP
BJP’s IT Cell chief, Amit Malviya, shared the letters on social media and called it a blatant attack on judicial independence. He called for the immediate intervention of the Supreme Court of India and urged the apex court to take suo moto cognisance of the matter. He added that stringent laws like POCSO have become tools for political repression and manipulation, similar to the NDPS Act, which was used to intimidate political opponents.
In his post, Malviya said, “THIS IS ABSOLUTELY SHOCKING. JUDICIARY UNDER THREAT IN SOUTH 24 PARGANAS, DIAMOND HARBOUR SUB-DIVISION. SUPREME COURT MUST TAKE SUO-MOTO COGNIZANCE OF THE MATTER. MAMATA BANERJEE’S NEPHEW IS THE MEMBER OF PARLIAMENT FROM HERE. This is an unprecedented letter. Shri Subhradip Mitra, District Judge of South 24 Parganas writes to The Registrar of Kolkata High Court, suggesting that West Bengal Police is targeting Judges in Diamond Harbour Sub Division and physical harm is being planned following their decisions on some POCSO related matters, which have not gone in favour of the ruling TMC. For the uninitiated, earlier West Bengal Police would slap all opposition leaders with NDPS cases, which was a non bailable offence and ensured jail term of atleast six months (the law provides for minimum of 10 years jail, if proven), if not more.”
“After Calcutta High Courts’s diktat asking for video evidence in NDPS cases, the misuse stopped. POCSO is now the new weapon in the hands of WB Police, which is being misused to target opposition leaders and more recently protestors, demanding justice in the RG Kar Medical College & Hospital rape and murder. In this particular instance, after WB Police failed to secure police custody of rival party’s workers, under the stringent POCSO case, presumably on the instructions of local TMC leader, it was decided to attack the Judges and harm them physically.
The district police officer, Kumaresh Das, named in the letter, sent criminal elements to cut off electricity at the Judgess’ homes before assaulting them in the dark of the night. The plan was however foiled when the local security guard alerted the Judges. The local Thana incharge didn’t show up, when called, even though Judges residence is right next to the local police station. This is ALARMING and needs to be dealt with utmost seriousness. The Supreme Court, Calcutta High Court and Bar Council of India need to step in immediately to restore the confidence of the Judges and penalise those responsible for it,” he added.
