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Senior Citizen Has Right To Live In His Own House Under Article 21: Calcutta HC

Emphasizing upon Article 21 and Article 226, Justice Rajasekhar Mantha remarked, “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”.

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Calcutta High Court in the case of Ali Burhan & Anr v. State of West Bengal and Ors, directed the police to provide protection to elderly couple and asked their son and daughter-in-law to leave the house.

The old couple had put forward the threat from Respondents in front of High Court and urged for aid. The police have registered an FIR against the son and daughter in law and the investigation is going on.

Emphasizing upon Article 21 and Article 226, Justice Rajasekhar Mantha remarked, “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”.

Article 21 (Right to life) of the Constitution aims to ensure that everyone enjoys personal liberty and is not deprived of his life where as Article 226 gives the power to High Courts to issue certain writs.

Court further directed the Officer-in-charge, Bankura Sadar Police Station to make sure that the couple don’t enter the home of elderly couple. The respondents could enter the residential premises of petitioners after getting approval for it through a written permission.

Justice Mantha dismissed the writ petition for 23rd June and acknowledged Bankura Sadar Police station for their efforts to secure the elderly couple and granted police officials to further work according to the law.

By Vanshika, Student Journalist(Banasthali Vidyapeeth)

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