"A senior citizen is entitled to live in peace in his own house under article 21" - Ordering eviction of son and daughter-in-law

"A senior citizen is entitled to live in peace in his own house under article 21" - Ordering eviction of son and daughter-in-law

Ali Burhan and Anr Vs State of West Bengal and Ors

Calcutta HC

17/06/2021

W.P.A. No. 174 of 2021

About/from the judgment:

The High Court vide order dated 17.6.2021 extended police protection to an elderly couple by directing the son and daughter-in-law of the couple to vacate the residential premises immediately.

The elderly couple had submitted before the Court that the presence of the Respondents posed a risk to their safety and hence prayed for relief.

"Given the fact that the petitioner no.1 is a senior citizen and is entitled under Article 21 of the Constitution of India to live in peace in his own house, this Court is inclined to in exercise high prerogative writ jurisdiction under Article 226 of the Constitution of India and directs the Officer-in-charge, Bankura Sadar Police Station to physically escort out the respondent nos.4 and 5, out of the said premises immediately", Justice Rajasekhar Mantha observed.

The Court also ordered the Officer-in-charge, Bankura Sadar Police Station to ensure that the Respondents do not enter the residential premises of the Petitioners unless a written permission is granted to them. A police personnel was also directed to be posted outside the house of the petitioners until the next date i.e. on 23.6.21.

While disposing off the writ petition vide order dated 23.6.21, Justice Mantha appreciated the prompt action taken by the Bankura Sadar Police Station in securing the safety of the Petitioners and permitted the police personnels to take any further action as required in accordance with law.

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