DEBASISH KAR GUPTA,J. - (1.) Let the affidavit-of-service filed by the learned Advocate appearing on behalf of the petitioners in Court today be kept with the record.
(2.) This is an application filed under Article 226 of the Constitution of India by two learned Advocates practising in this Court, namely, Dyutiman Banerjee and Nepesh Majhi, with the following prayers: (a) Issue a writ of and/or in the nature of Mandamus directing and/or commanding to constitute a special investigating team to conduct an independent enquiry and/or to conduct a judicial inquiry to find out the reasons of the firing of bullets at Daribhit High School on September 20, 2018 leading to the death of Rajesh Sarkar and Tapash Burman and fix up the responsibility of the person concern and initiate an enquiry and submit the report to the Hon'ble Court; (b) Issue a writ of and/or in the nature of mandamus directing and/or commanding the concerned authority to hand over the investigation into the firing at Daribhit High School to the special investigating team or the inquiry authority so constituted; (c) Issue a Writ of and/or in the nature of Prohibition prohibiting the respondent authorities concerned, to cause any destruction and/or tampering of the evidences pertaining to this case; (d) Issue a Writ of and/or in the nature of Mandamus by directing the respondents education department to take appropriate step to investigate into the issue relating to the recruitment and subsequent incidents and further direct to take steps against the erring officers; (e) Issue Rule Nisi in terms of Prayers (a), (b), (c) and (d) above; (f) Pass an interim order by directing the respondent police authorities to file report as to investigation, if any conducted by the police authorities into the case; (g) Pass an Ad-interim order in terms of prayers made herein above; (h) Costs and other incidentals thereto; (i) And/or to pass such other or further or further order or order as Your Lordships may deem fit and proper.
(3.) Mr. Samim Ahammed, learned Advocate appearing on behalf of the petitioners, submits that the petitioners ascertained from the information available in social media as also in number of daily newspapers, including one daily vernacular, namely, Ananda Bazar Patrika that an incident of death of two young persons allegedly due to firing by the members of the police force occurred near Daribhit High School, Police Station - Islampur, District - Uttar Dinajpur. West Bengal. According to Mr. Ahammed, the family members of those two deceased persons are unable to approach this Court to enforce their constitutional and fundamental rights out of fear of prosecution by the police authorities. According to Mr. Ahammed, the incident of opening fire at the instance of the police happened in violation of law. It is also the contention of Mr. Ahammed that the police personnel are arresting innocent people of the locality concerned indiscriminately and especially those who had approached the family members of the aforesaid two deceased persons on humanitarian grounds.;