DIPANKER DATTA,J. - (1.) This writ petition dated August 5, 2015 is at the instance of Bharatiya Janata Party (hereafter BJP) and its office secretary. The petitioners have alleged inaction of the Officer-in-Charge, Jorasanko Police Station (hereafter the said O.C.) in taking steps for registration of an FIR on the basis of complaints dated June 23, 2015 and June 25, 2015 in relation to a perceived hate speech delivered by a Member of Parliament (hereafter the said member) owing allegiance to the political party in power in this State, while addressing a public rally in Basirhat, Dist. 24 Parganas (North) on June 22, 2015. Accordingly, they have prayed for relief as follows: "?a) issue a writ and/or order and/or direction in the nature of Mandamus, directing the issue a writ in the nature of Mandamus, transferring the written complaint dated 23rd June 2015 and further information lodged on 25th June 2015 by the petitioner with the Jorasanko Police Station, to the any other investigation agency, for dealing with the same in accordance with law; (b) issue a writ and/or order and/or direction in the nature of Mandamus, directing the respondent no. 2 to be personally present and explain why in spite of the order dated 10th April 2014 passed by Hon "?ble Justice Dipankar Datta in W.P. No. 965(W) OF 2014 Mira Banerjee and Anr. v. The State of West Bengal and Ors. "? being duly communicated to the respondent no. 2 there has been a "?Wilful Disobedience "? of the said order by the respondents; **** "?
(2.) The complaint dated June 23, 2015, copy whereof is available at page 52 of the writ petition, appears to have been lodged by Mr. Kamal Beriwala, Secretary, BJP, West Bengal and National Executive Member, BJP, and received at Jorasanko Police Station on June 23, 2015 at 16.00 hours. It is revealed therefrom that the said member had openly instigated his workers by urging them to gouge out the eyes and to cut off the hands of anyone who wishes to glare at the people of Bengal and that each one of them must be reminded that the people of Bengal have the last word so long the present incumbent holds office as Chief Minister of West Bengal. The complainant felt insecure and threatened by such statement of the said member and, accordingly, requested the said O.C. to treat the complaint as an FIR against the said member.
(3.) The aforesaid complaint was followed by a complaint dated June 25, 2015 of Mr. Ashim Sarkar, General Secretary, BJP, West Bengal, titled "?additional written information of cognisable offences committed by "?. "?. In continuation of the earlier complaint, Mr. Sarkar sought to provide instances of multitude of hate speeches delivered by political leaders owing allegiance to the ruling party in the State. Apprehending serious trouble and chaos insofar as law and order situation is concerned, the said O.C. was requested to investigate the complaint upon treating it as an FIR in terms of the decision of the Supreme Court reported in (2014) 2 SCC 1 (Lalita Kumari v. Government of Uttar Predesh and ors.;