- (1.) The petitioners claiming themselves to be the members of the Hindu community residing in Rajarhat No.1 Gram Panchayet, Rajarhat-Bishnupur No.2 Gram Panchayet and Rohanda-Chandigarh Gram Panchayat in different villages within the jurisdictional limits of the Rajarhat police station.
(2.) According to the petitioners, the aforesaid community is observing the customs of immersion of idols since many years and such immersion used to be made through a particular site on the permission of the proforma respondent nos.9 and 10 who had easementary right over the path leading to a particular site of the canal along with northern side of Bhaturia canal.
(3.) The aforesaid arrangement is continuing since last 50 years and even in 2016 when the barricade constructed by the respondent no.8 was removed by an order of the administrative officer. The entire allegation is against the police administration in not taking any step to preserve and secure the sentiments of such religious spirited persons in removing the barricade put by the said respondent no.8. It further appears from the instant application that the administration had earmarked the site for immersion of those idols which, according to the petitioners, is not fit and suitable because of the lack of proper infrastructure provided by the administration. It is further stated that there is no concrete embankment prepared by the administration at the proposed site and any incident may occur at the time of immersion. Apart from the same, it is further stated that if the idol has to cross the road or the pathway to reach the said proposed site there is every chance of getting electrocuted because of the overhead electric wire passing across the said passage.;