Sir, what is the procedure to seek police help on strength of Civil Court order to implement its order on temporary injunction as per due process of law, whether police can assist on its own discretion or required to follow certain rules, like estimation of cost , realization of cost or as the court has ordered it can provide free assistance to private party , whether there is any room for pick and choose or police need to abide by its own rules and procedure based upon Police Regulation of Bengal , Moot question is can police assist without cost in preferential manner or need to adhere with rule book and whether defendant /O.P is required to serve, entitled to get intimation/notice of such assistance by police on designated date & time after fixing the same. Or whether since civil court has ordered it can assist free of cost , finally if Police have assisted free as per its own whims likely legal recourse.
Whether Hon'ble High Court order to Police(WBP) for rendering assistance shall be free of cost or it requires estimation of cost and deposit with treasury or whether the cost deposit is discretionary or mandatory for private parties ( Hon'ble High Court Calcutta's Order on rendering police assistance to CESC which is akin to private party for effecting electrical installation/line shall be free or CESC need to pay cost for such police assistance after due estimation of cost and in case no cost has been realized than how to ventilate the grievances as per law for providing police assistance illegally (If so), and exercising option contrary to rule o as deem fit and proper by Ld. expert please advice suitably with applicable law and rules on Police assistance in West Bengal, can Application under RTI Act, 2005 shall be moved to know details from Designated SPIO.
1) if court has paased orders of temporary injunction in your favour and directed police to provide assitance then police should proviode free assistance to private party as per court orders
2) police cannot pick and choose .
3)it is is not in police discretion to refuse to assist in implementation of court orders
In the civil nature cases the police have no role to interfere with out specific court orders. If the court order to assist commissioner or any one for doing or enacting the orders of the court then their duty is to provide protection to them. If the defendant violated the court order then you can file prosecution petition. No need to pay the money to police .
1. you should give an application along with court's order to collector of your district under section 145 crpc for its implementation.
2. collector shall order to the concerned police officer for its implementation. temporary injunction order restricts a person to do or not to do something hence there is an opportunity to breach of tranquility. so collector can pass order u/s 145 for peaceful execution of court's order.
1. You can file petition u/s 151 cpc for direction of court for police help.
2. If the court allows police help then generally it is free of cost.
3. The local police on the basis of court order tries to implement the injunction order.
4. Another option is to file contempt petition for violation of the lower court order. It is more effective in giving efficacious results.
5.If you need further help on this you may feel free to contact at [deleted].
This query is from Defendant party end wherein Plaintiff have obtained an order from Writ Court in suppression of facts without any contempt procedure under CPC as per O 39 R 2A rather this application was adjourned willfully as not pressed and plaintiff obtained order from writ court based upon PS GDE, Letter for obstruction of ingress and egress ,wherein writ court in its order have said about Police Help. Now this order was shown in civil court concerned wherein the civil court passed order for Police Help to private party plaintiff for implementation of status quo passed earlier. On strength of this in front of Police which is deemed to be police assistance plaintiff with others broke the lock of main common entrance and entered, now issue is can police assist in such lock break, if yes than as per Police Regulation of Bengal assistance to private party requires bearing of cost or as court has passed order no cost is required to be borne by private party what is the law and practice on this specific issue or whether it is discretion of police to decide about cost as I am sure no cost was paid to Police neither any notice was served to us. Main issue requires advice on Police assistance procedure where usually the court order required to be submitted with designated police officer for help who in turn advises as per preliminary assessment cost and fixed date and time with intimation to OP for such assistance for implementing court order whether this is correct under law or since court has allowed police help no cost is required to be paid by private party herein plaintiff.Kindly reply as per factual position under law.
police can assist in breaking of lock if plaintiff has been obstructed from entering his premises .
2) Chapter 10 of the Civil Rules and Orders of the High Court, Calcutta deals with Execution of Decrees. Rule 208 thereof provides for police help for executing a decree. Sub-rule (2) of rule 208 is extracted below:
Rule 208(1) ****** (2) The requisition to the Superintendent of Police should state in brief the need for such aid, the number and rank of men required, the nature of the process and the place where it is to be executed. It will be for the Superintendent of Police to decide how best and when he will be in a position to offer the help sought.
a) Costs for police help shall be charged in executing decrees in cases where such help is considered necessary because of apprehensions of violence or obstruction from the judgment-debtor himself. The party concerned shall be ordered to deposit such costs for the service as the Superintendent of Police may require under the rules of the department.
b) Costs for police aid shall not be levied in cases where police help is required because of conditions of a general character, such as the locality being in a disturbed state or a class of people similarly situated, being likely to make a common cause with the judgment-debtor and resist execution.
c) In cases where a levy of costs is ordered, such costs shall be added to the costs of execution.
Note 1- It shall be the duty of the Court to decide in each case under which category it falls, that is whether police aid should be given under Clause (a) above in which case the party has to deposit necessary costs or under Clause (b) in which case no costs are to be charged.
Note 2- Police aid shall not be requisitioned or taken in effecting the arrest of judgment-debtors unless it is clear that no other means will possibly achieve the required result.
3) in your case no order as to payment of costs was ordered . in present case no cost is to be borne by private party
1. Your query seriously suffers from deficiency in providing vital information/details. What was the case and what is the order and how police is required to assist you in implementing the court order is required to be known for providing appropriate answer.
2. While praying for such before the Civil court it is urged to direct the police to extend assistance to the petitioner in implementing the Court order.
3. Ask our Advocate to send a letter to the local police station enclosing one copy of the said order.4. If the said order is violated, you shall have to inform the police about the said violation who is expected to act immediately.
1. If there is a Court order issued by the High Court directing the police to provide assistance to the petitioner, police will provide the said assistance free of cost.
2. Your Advocate shall have to send a letter to the police enclosing the said order for heir information and further action.
3. If police fails to provide any such assistance, the etitione can file a contempt petition.before the High Court.
1. As per the said order, police has been directed to render necessary help required by the plaintiff, if asked for.
2.In he instant case, police assistance is required for clearing obstruction in ingress and egress for which the plaintiff is required to fill up application form for police help informing the numbers of police to be required and police will inform the amount to be paid for the said help which he plaintiff shall have to pay. Information to the Opposite Party in his regard is not required.
1. If the order of TI is not being implemented then the plaintiff can ask the court to order police to help in the execution of its order.
2. There is no need to go to the High Court as the trial court is competent to give a direction for execution of its order through police assistance.
Sir, it is clear Police can assist to implement court order , as have noted first there is need to adjudicate whether any disobedience has taken place or not as per Order 39 R 2A, and the civil court only upon proper adjudication have all the power to pass necessary order for Police assistance on satisfying itself about such disobedience I believe this is settled position under law, so this is not case in hand plaintiff in spite of filing application u/s 151 on Dec 5 ,withdrawn the application on 12 Dec and on strength of GD and few letter addressed to SP/ Home Dept. went to file Writ under Article 226 by suppressing facts and on strength of GDE and these letters obtained order for police help for ingress and egress , moot question who put lock on common entrance was not properly decided no disobedience of status quo was adjudicated by Ld. Civil Court but as per reflection made by High Court observed that for egress and ingress police help can be sought , this order was shown to police and Police in their presence allowed plaintiff to break the lock , So is this action of police is legally tenable that too without insisting for cost for such police help and IC of PS decided solely as per his own subjective satisfaction in such matter of civil dispute , can police abet , aid such lock breaking by plaintiff and others without due process of law and free of cost or whether defendant (Owner) has been prejudiced by such act of police as responded by Sir Ajay Sethi , Chapter 10 of the Civil Rules and Orders of the High Court, Calcutta deals with Execution of Decrees. Rule 208 thereof provides for police help for executing a decree. Sub-rule (2) of rule 208 which requires to be decided by S.P. as per situation , two questions Breaking of lock (Whether egress and ingress means common lock can be break by plaintiff) without any such express order by any court for Lock removal, break or decision on contempt nor any adjudication and non realization of cost in discretionary manner decided by IC/OC of the PS , How legal are these two if illegal not as per due process of law than remedy by aggrieved defendant , please advice and oblige.
it is true court can upon proper adjudication and on being satisfied about disobedience of order pass necessary orders for police assitance
2)police should have insisted upon payment of costs by the petitioner
3) rule 208 of the civil rules of HC calcutta cited by me herainabove makes it clear that the requisition to the Superintendent of Police should state in brief the need for such aid, the number and rank of men required, the nature of the process and the place where it is to be executed. It will be for the Superintendent of Police to decide how best and when he will be in a position to offer the help sought.
4) file application under RTI with SPIO as to on what basis police assiatnce given without payment of costs by the petitioner
Since you appear to be from Kolkata if you bring all the papers I may render all possible further help to you once I could manage to go through all the papers.
The police will not assist you to execute the injunction order on its own.
You have to execute the order through court ameen, if you find any difficulty in the local to execute the orders, then you may apply for police protection for this as per provisions of law of execution.
If the court passes an order for police assistance, it is free of cost only and not that the[arty is required to pay for the services rendered to the police in his regard.
now issue is can police assist in such lock break, if yes than as per Police Regulation of Bengal assistance to private party requires bearing of cost or as court has passed order no cost is required to be borne by private party
The party to litigation sought the help of police assistance to break open the lock and the court has passed the orders as prayed for.
This is part of court case hence there is no question of paying any cost to the police or to the government. Dont get confused over the rules which do not exist.
with designated police officer for help who in turn advises as per preliminary assessment cost and fixed date and time with intimation to OP for such assistance for implementing court order whether this is correct under law or since court has allowed police help no cost is required to be paid by private party herein plaintiff.
Despite the court order if the police insisted on the cost it means they are demanding bribe in the guise of cost.
There is no provision to demand cost when the court has passed an order to assist the litigant for executing the court order.
You may take up this mater before the court.
So is this action of police is legally tenable that too without insisting for cost for such police help and IC of PS decided solely as per his own subjective satisfaction in such matter of civil dispute , can police abet , aid such lock breaking by plaintiff and others without due process of law and free of cost or whether defendant (Owner) has been prejudiced by such act of police
In my opinion there is no legal infirmity in police assisting the litigant to break open the lock.
The petition prayer itself is to break open the lock and if need be with the police protection, therefore breaking open of lock in the presence of police is the order passed by court, there is no cost involved in this. You can be more clear while posting the question or understand the underlying law in this regard.
The obstacles for ingress or egress or to be cleared, if the door is locked, then it can be broke open, there is illegality in it.
You may discuss this issue with a senior lawyer locally and get satisfied.