DISTRICT: KOLKATA
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
W.P. A NO. OF
2024;
In the Matter of:
An application under
Article 226 of the
Constitution of India;
-And-
In the Matter of:
Anisa Khatoon, daughter of
Md. Alam, wife of Late
Zainul Abedin, resident of
102, H/9, Madan Mohan
Berman Street, Kolkata-
700007.
…… Petitioner
-Versus-
2
1. The State of West Bengal,
service through the Home
Secretary, Department of
Home and Hill Affairs,
Government of West
Bengal, having its office at
325, Sarat Chandra
Chatterjee Road, Post Office-
Shibpur, Pin- 711102 and
email:
wb.secyhome@gmail.com.
2. The Director General and
Inspector General of
Police, West Bengal,
having its office at
“Nabanna”, 325, Sarat
Chandra Chatterjee Road,
Post Office- Shibpur, Pin-
711102 and email:
dgpwestbengal@gmail.co
m.
3. The Commissioner of
Police, Kolkata Police, Lal
Bazar, Kolkata.
4. Deputy Commissioner of
Police (Central Division),
having its office at 138,
3
S.N. Banerjee Road,
Kolkata- 700013.
5. The Officer-In-Charge,
Jorasanko Police Station,
having its office at 16,
Balmukund Makar Road,
Barabazar, Kolkata, West
Bengal 700007.
….Respondents
6. Md. Sarfaraj Alam@Chotu, son
of Late Md. Abdul Mannan,
resident of ________.
7. Md. Imtiaz Alam, son of Sk.
Kallu, resident of __________.
….Private Respondents.
To
The Hon'ble T.S. Sivagnanam, Chief Justice and His
Companion Justices of the said Hon’ble Court.
4
The humble petition of
the petitioner above
named most respectfully
S H E W E T H:
1. Your petitioner is a citizen of India.
2. The respondents are all “STATE” within the
meaning of Article 12 of the Constitution of India
and/or “Person or Authority” under Article 226 of the
Constitution of India and are as such all amenable to
the writ jurisdiction of this Hon’ble Court. The private
respondents have been arrayed as parties in the
instant writ petition as any orders passed in favour of
the petitioner as prayed for herein may adversely
affect them.
3. The facts of the case in brief are as follows:
a. The petitioner states that on June 05, 2024, she
was approached by the private respondents with
a proposal for sexual relationship and as such
the private respondents had attempted to
commit rape on the petitioner, physically
assaulted her and even verbally abused her after
she had rejected their heinous proposal.
5
b. The petitioner thereafter, went to Jorasanko
Police Station where she was made to wait for a
long period of time but unfortunately, the
respondent no.5 did not register her complaint
and thereafter, when the brother and the friends
of the petitioner came and jointly protested
against such actions of the respondent no.5
along with the petitioner, the respondent no.5
physically assaulted them and threatened to
implicate them against false criminal charges
and arrest them.
c. The petitioner subsequent to the
abovementioned incident, by an electronic mail,
had made a complaint dated June 05, 2024 to
the respondents no.3 and 4 stating the
aforementioned issue but no necessary action
has been taken as of date. A copy of the
electronic mail dated June 05, 2024 is annexed
hereto and marked as “P/1”.
d. The petitioner had further made a complaint by a
letter dated June 06, 2024 to the respondents
no.3 and 4 stating the aforementioned issue but
no investigation has been started against the
respondent no.5 and the private respondents and
also no action has been taken as of date. A copy
of the letter dated June 06, 2024 is annexed
hereto and marked as “P/2”.
6
e. The private respondents have been constantly
harassing and threatening the petitioner but
neither the respondent no.5 nor the respondents
no.3 and 4 had paid any heed to the matter and
moreover, neither was the complaint of the
petitioner registered nor has any investigation
been started as of date and instead the brother
and the friends of the petitioner were physically
assaulted and threatened by the respondent
no.5.
f. The private respondents roam free, continue to
harass and threaten the petitioner till date.
g. The police personnel not only remain indifferent
to the pleas of the petitioner but also actively
threatened to implicate her brother and her
friends against false criminal charges and arrest
them. The petitioner also does not know if any
investigation has been started against the
private respondents.
h. The private respondents enjoy the patronage of
the All India Trinamool Congress and that is the
police personnel are not only refusing to help the
petitioner and her family but also actively
assisting the private respondents.
i. The petitioner and her family are being targeted
by the private respondents and the police
personnel.
7
j. In spite of the aforesaid background under which
circumstances the petitioner was attacked,
physically assaulted, verbally abused and
attempted to be raped by the private
respondents, resulting in the outrage of her
modesty and honor, the fact remains that the
petitioner is a victim of serious crimes and her
life is under constant threat which requires
immediate intervention for investigation and
protection of the petitioner by an impartial
Investigating Agency, higher up in the ladder of
the State machinery like the Protection of
Women and Children Cell of the Criminal
Investigation Department, West Bengal as the
respondent No.5 and his personnel pay no heed
to the perils of the petitioner and her family but
actively assist the private respondents in their
criminal activities.
4. The inactions on the part of the respondent authorities
in not arresting the private respondents and allowing
them to roam free and not causing investigation in
terms with the letter of complaint dated June 06, 2024
are otherwise arbitrary, capricious, whimsical, bad in
law and in violation of Article 14 and 21 of the
Constitution of India.
5. There is no other alternative, speedy and/or efficacious
remedy as the instant application and the relief as
sought for herein, if granted, would be adequate and
8
complete to your petitioner. Alternative remedy, even
if any, would not be a bar as violation of fundamental
rights are involved.
6. Unless the reliefs prayed for herein are granted, even
in the interim and ad interim forms, your petitioner will
be severely prejudiced and suffer irreparable injury.
7. Your petitioner has a strong prima facie case on
records and the preponderance of balance of
convenience is in favor of your Petitioner and the
orders prayed for being granted.
8. The records of this case are lying within the
Appellate Side jurisdiction of this Hon’ble Court.
9. This application is bona fide and made for the
ends of justice.
10. Being aggrieved by and/or dissatisfied with the
impugned action on the part of the respondent
authorities as stated above, your petitioner begs to
move this application before this Hon’ble Court under
Article 226 of the Constitution of India, inter alia, on
the following grounds amongst other: -
GROUNDS
I. For that the petitioner was approached by
the private respondents with a proposal
for sexual relationship and as such the
9
private respondents had attempted to
commit rape on the petitioner, physically
assaulted her and even verbally abused
her after she had rejected their heinous
proposal.
II. For that the petitioner thereafter, went to
Jorasanko Police Station where she was
made to wait for a long period of time but
unfortunately, the respondent no.5 did
not register her complaint
III. For that when the brother and the friends
of the petitioner came and jointly
protested against such actions of the
respondent no.5 along with the
petitioner, the respondent no.5 physically
assaulted them and threatened to
implicate them against false criminal
charges and arrest them.
IV. For that the petitioner subsequent to the
abovementioned incident, by an
electronic mail, had made a complaint
dated June 05, 2024 to the respondents
10
no.3 and 4 stating the aforementioned
issue but no necessary action has been
taken as of date.
V. For that the petitioner had further made a
complaint by a letter dated June 06, 2024
to the respondents no.3 and 4 stating the
aforementioned issue but no
investigation has been started against
the respondent no.5 and the private
respondents and also no action has been
taken as of date.
VI. For that the private respondents have
been constantly harassing and
threatening the petitioner but neither the
respondent no.5 nor the respondents
no.3 and 4 had paid any heed to the
matter and moreover, neither was the
complaint of the petitioner registered nor
has any investigation been started as of
date.
VII. For that the private respondents roam
free, continue to harass and threaten the
petitioner till date.
VIII. For that the police personnel not only
remain indifferent to the pleas of the
petitioner but also actively threatened to
implicate her brother and her friends
11
against false criminal charges and arrest
them.
IX. For that the private respondents enjoy
the patronage of the All India Trinamool
Congress and that is the police personnel
are not only refusing to help the
petitioner and her family but also actively
assisting the private respondents.
X. For that the petitioner and her family are
being targeted by the private
respondents and the police personnel.
XI. For that the petitioner was attacked,
physically assaulted, verbally abused and
attempted to be raped by the private
respondents, resulting in the outrage of
her modesty and honor, the fact remains
that the petitioner is a victim of serious
crimes and her life is under constant
threat which requires immediate
intervention for investigation and
protection of the petitioner by an
impartial Investigating Agency, higher up
in the ladder of the State machinery like
the Protection of Women and Children
Cell of the Criminal Investigation
Department, West Bengal as the
respondent No.5 and his personnel pay
no heed to the perils of the petitioner and
12
her family but actively assist the private
respondents in their criminal activities.
XII. For that the inactions on the part of the
respondent authorities in not arresting
the private respondents and allowing
them to roam free and not causing
investigation in terms with the letter of
complaint dated June 06, 2024 are
otherwise arbitrary, capricious,
whimsical, bad in law and in violation of
Article 14 and 21 of the Constitution of
India.
In the light of the
aforesaid facts and
circumstances, your
petitioner most humbly
prays that Your Lordship
may graciously be
pleased to issue: -
a) A Writ of and/or in the
nature of Mandamus
commanding the
respondents, each
one of them, their
servants, agents
13
and/or assignees to
transfer the case
referred to in
paragraph (3) of the
instant writ petition to
the Protection of
Women and Children
Cell of the Criminal
Investigation
Department, West
Bengal.
b) A Writ of and/or in the
nature of Mandamus
commanding the
respondents, each
one of them, their
servants, agents
and/or assignees to
provide police
protection to the
petitioner and her
family.
c) A Writ of and/or in the
nature of Mandamus
commanding the
respondents, each
14
one of them, their
servants, agents
and/or assignees to
cause arrest of the
private respondents.
d) A Writ of and/or in the
nature of Mandamus
commanding the
respondents, each
one of them, their
servants, agents
and/or assignees to
initiate disciplinary
proceedings against
the respondent no.5
in the writ petition.
e) A writ in the nature of
Certiorari do issue
directing the
respondents to
transmit the entire
records pertaining this
case and to certify
them so that
conscionable justice
15
may be administered
to the parties;
f) Pass Appropriate
Direction(s)/Order(s).
g) Rule NISI in terms of
prayer (a), (b), (c), (d)
and(e)above;
h) An interim order do
issue directing the
respondent
authorities to provide
police protection to
the petitioner and her
family till disposal of
this application and/or
Rule.
i) Ad-interim order do
issue in terms of
prayer (g)as above;
j) And to pass such
further order or orders
as to your Lordships
16
may deem fit and
proper;
And your petitioner for this act of kindness as in
duty bound shall ever pray.
17
AFFIDAVIT
I, Anisa Khatoon, daughter of Md. Alam, wife of Late
Zainul Abedin, aged about ___ years, by faith - Islam, by
occupation- Housewife, residing at 102, H/9, Madan
Mohan Berman Street, Kolkata- 700007, do hereby
solemnly affirm and say as follows:
1. I am the petitioner in this instant case and as such
well acquainted with the facts and circumstances of this
instant case and am competent to affirm and sign this
affidavit.
2. That the statements made in paragraphs no. 1 to
4 are true to my knowledge and the rest are my
respectful submission before this Hon’ble Court.
Prepared in my office. The deponent is
known to me
Advocate Clerk to Mr.
Advocate
Solemnly affirmed before me
18
on this the day of July, 2024.
Certified that all annexures are legible
Advocate
Commissioner
DISTRICT: KOLKATA
IN THE HIGH COURT
AT CALCUTTA
CONSTITUTIONAL
WRIT JURISDICTION
APPELLATE SIDE
W.P. A NO.
OF 2024
In the matter of:
19
An application under
Article 226 of the
Constitution of India;
And
In the Matter of:
Anisa Khatoon
…. Petitioner
-Versus-
The State of West
Bengal and others;
….. Respondents
Writ Petition
Advocate
High Court, Calcutta
Bar Association Room
No.
DISTRICT: KOLKATA
In the High Court at Calcutta
Constitutional Writ Jurisdiction
20
Appellate Side
W.P. A NO. OF
2024;
In the matter of:
An application under
Article 226 of the
Constitution of India;
Subject matter
relating to:
Under Group
- , Head –
of the classification
List
Cause Title
Anisa Khatoon
…. Petitioner
-Versus-
The State of West
Bengal and others;
….. Respondents
Advocate-On-Record:
High Court, Calcutta
Bar Association Room No.
21
DISTRICT: KOLKATA
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
W.P. A NO.
OF 2024
In the Matter of:
Anisa Khatoon
…. Petitioner
-Versus-
The State of West
Bengal and others;
….. Respondents
INDEX
Sl. No. Particulars Annexure Page
1. Writ Petition
22
2. A copy of the electronic P/1
mail dated June 05, 2024.
3. A copy of the letter dated P/2
June 06, 2024.
LIST OF DATES
June 05, 2024 The petitioner was approached by the
private respondents with a proposal
for sexual relationship and as such
the private respondents had
attempted to commit rape on the
petitioner, physically assaulted her
and even verbally abused her after
she had rejected their heinous
proposal.
June 05, 2024 The petitioner subsequent to the
abovementioned incident, by an
electronic mail, had made a
complaint to the respondents no.3
23
and 4.
June 06, 2024 The petitioner had further made a
complaint by a letter to the
respondents no.3 and 4 requesting
them to take necessary actions.
___________________ Hence, this writ petition.
POINTS OF LAW
24
I.Whether the respondents have failed to act in
accordance with
Law of the land which was thereby resulted in gross
miscarriage of justice?
II. Whether the actions of the respondents
impugned herein neither bona fide nor lawful?
III. Whether the actions of respondents forming
the subject matter of the instant writ application
are ex-facie, bad and not sustainable in the eye of
law?
IV. Whether the actions of the respondent
authorities as contemplated in the instant writ
petition are in violation of Article 14 and 21 of the
Constitution of India?
25
SYNOPSIS
The petitioner was approached by the private
respondents with a proposal for sexual relationship and
as such the private respondents had attempted to
commit rape on the petitioner, physically assaulted her
and even verbally abused her after she had rejected
their heinous proposal. The petitioner thereafter, went
to Jorasanko Police Station where she was made to wait
for a long period of time but unfortunately, the
respondent no.5 did not register her complaint and
thereafter, when the brother and the friends of the
petitioner came and jointly protested against such
actions of the respondent no.5 along with the petitioner,
the respondent no.5 physically assaulted them and
threatened to implicate them against false criminal
charges and arrest them. The private respondents roam
free, continue to harass and threaten the petitioner till
date.
SHORT LIST OF DATES
26
June 05, 2024 The petitioner was approached by the
private respondents with a proposal
for sexual relationship and as such
the private respondents had
attempted to commit rape on the
petitioner, physically assaulted her
and even verbally abused her after
she had rejected their heinous
proposal.
June 05, 2024 The petitioner subsequent to the
abovementioned incident, by an
electronic mail, had made a complaint
to the respondents no.3 and 4.
___________________ Hence, this writ petition.
