Kolkata: In a case where the police was eventually asked to provide protection and assistance to CESC personnel for installing an electric meter in the wake of stiff resistance from residents of a building, Calcutta High Court, in its recent judgement, observed that fundamental right to life under Article 21 of the Constitution includes access to essential services such as electricity.
The Bench of Justice Rajarshi Bharadwaj was moved by a petitioner who was seeking financial assistance under the Pradhan Mantri Mudra Yojana (PMMY) for merchandising edible tea cups through a retail outlet.
He had thus entered into a tenancy agreement for a commercial garage space at an apartment. He had applied for an electricity connection.
During the installation of the electric meter, the petitioner alleged the garage owner along with a flat owner unlawfully obstructed CESC personnel from completing the work.
The petitioner lodged a complaint with Dum Dum Police Station but it was allegedly not registered. Subsequently, he approached the Executive Magistrate at Barrackpore, filing a petition under Section 144(2) Cr.P.C seeking assistance for the lawful installation of the electric meter. The Officer-in-Charge (O/C) Dum Dum P.S was directed to ensure no disturbance is caused during the installation.
The police allegedly failed to act. On the next occasion, the CESC personnel were again unlawfully obstructed and the private respondents allegedly incited other residents to prevent CESC officials from accessing the main distribution box. This was seen as a violation of the Executive Magistrate’s order. The petitioner asserted these acts are cognizable offenses punishable under Sections 188 and 186 IPC and also amounted to contempt of court. The private respondent’s counsel submitted that the premises leased to the petitioner were exclusively meant for garage use, as stipulated in the deed of conveyance.
Any other commercial usage of the premises violates the terms of the lease. Court said the other disputes can be addressed separately in appropriate forums but they do not justify obstruction of essential services. The court observed: “The petitioner’s fundamental right to life under Article 21 of the Constitution, which includes access to essential services such as electricity, has been unjustly infringed upon by both the private respondents and the police’s failure to act.”