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Since 1st March, 1999
 
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EXIGENCIES OF THE SITUATION
- DOCUMENT

The Traffic police will also be adequately armed to control the situation more instead of justifying the cause that they can not able to control the processions due to inadequacy of arms, weapons and man power.

(f) It will be remembered that due to uncontrollable situation of public meetings and processions there might be possibility of public harassment in attending train, plane, bus, hospital, examination hall, works of fire brigade, ambulance etc. Therefore, it is suggested that an administrative policy can be adopted to collect the security money from the organizers to meet the exigencies so that a compensatory benefit can be attributed. After the meeting expenses remaining amount can be refunded by the police authorities to the organizers. The quantum of security deposit will be fixed by the police authorities.

(g) Police may be called upon in respect of abovementioned clause (f) to pay off their respective claims failing which a suit or proceeding can be initiated in the Civil Court to measure the amount of compensation with the guidance of principles of tort. In such case, such type of suit can be proceeded in a summary manner within a period of three months time from the date of filing of the same.

(h) During the interregnum period the D.C. (Traffic) will write respective letters to his counter-part of the police authorities of the adjoining districts i.e. 24-Parganas (North), 24-Parganas (South), Howrah and Hooghly in respect of the nature of their adequate measure and what type of relative steps they are taking to prevent the procession during the Court and office hours. The Railway and other authorities will also be informed accordingly. This will be directed to know apart from any other measures, whether such procession etc. can be stopped from the place of origin during the Court office hours on the weekdays or not.

(i) The rehearsal of parades of military, police and others is creating huge difficulty to proceed towards the Court if the situation is not normalized with the adequate measures. Therefore, D.C. (Traffic) will be entitled to talk to the defence authorities and others to complete the course of rehearsal by 8A.M. in the morning by expanding the number of days instead of continuing up to 9A.M., 9.30 A.M., 10 A.M. or so causing visible disturbances to the public at large. Since the civilians are largely affected in getting their access towards the Court and adjacent areas, D.C. (Traffic) will take into account the matter and make a try to implement the same. In case there is any conflict of opinion, the decision of the D.C. (Traffic) will prevail because he is entrusted with the work for protecting the interest of traffic or people’s movement.

(j) In the course of implementation of any guideline the suggestions given by the D.C. (Traffic) will be respected. In case of any conflicting situation judicial order will prevail.

(k) Since various Learned Advocates wanted to intervene in the matter with their respective complaints I have directed to the Registrar General to make a separate file of complaint letters by treating the same as part and parcel of the record. However, if he is otherwise occupied, he will have the power of delegation to entrust any of the Registrars of the Court including the Registrar, Original Side to maintain the records properly for the purpose of coming into conclusion, if any, by this Court.

(l) In the process of protecting interest of the Court’s business, if people at large is benefited, nobody can stop it because both can not be segregated.

If one is aggrieved, he or she is at liberty to apply for variation or vacating the interim order…

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