News Analysis India

Tag: Calcutta High Court

  • West Bengal post-poll violence: Calcutta HC orders police to register all cases

    By ANI
    KOLKATA: The Calcutta High Court on July 2, 2021, ordered the police to register all cases of the victims of the post-poll violence in West Bengal.

    The five-judge bench while passing orders on the post-poll violence in West Bengal directed the state government to ensure medical treatment of all victims and to ensure ration for the affected even if they do not have ration cards.

    West Bengal Chief Secretary has been directed to preserve all documents related to the post-poll violence.

    The court also ordered to conduct the second autopsy of BJP worker Abhijeet Sarkar at Command Hospital in Kolkata.

    It issued show-cause notice to DCP Jadavpur, Rashid Munir Khan IPS, asking them to explain why contempt of court proceedings should not be initiated against him after the NHRC team was attacked in Jadavpur.

    The court also extended the National Human Rights Commission’s (NHRC) investigation to July 13 and posted the matter for the next hearing to July 13.

    Several incidents of violence have been reported at various places after the announcement of the Assembly poll results on May 2, after which a four-member team deputed by the Ministry of Home Affairs also visited the post-poll violence-affected areas. 

  • HC adjourns hearing of misappropriation case against BJP MLA Suvendu Adhikari

    By PTI
    KOLKATA: The Calcutta High Court on Friday adjourned hearing of a petition by Leader of the Opposition in West Bengal assembly Suvendu Adhikari of the BJP, seeking quashing of proceedings in connection with an FIR lodged against him and his brother for alleged misappropriation of cyclone relief materials.

    Justice Kausik Chanda, before whose court the matter was listed on Friday, fixed the petition for hearing on June 29 on a prayer by public prosecutor Saswata Gopal Mukherjee.

    The high court on June 14 refused a prayer for interim stay on the proceedings against Adhikari and his brother Soumendu, a co-accused in the case.

    However, the court had granted liberty to the petitioners to renew their prayer for interim stay on the next date of hearing.

    The Adhikaris have been named in an FIR in connection with alleged misappropriation of relief materials at Contai area in Purba Medinipur district and they have moved the high court seeking quashing of proceedings against them.

    The lawyer for the Adhikaris claimed that Suvendu was falsely implicated in the case because he has joined the rival political party and has subsequently been appointed as the Leader of the Opposition in the state assembly.

    Suvendu, a former minister in the previous Mamata Banerjee government, had joined the BJP leaving the Trinamool Congress.

  • Calcutta HC judge reserves order on Mamata’s recusal plea over his BJP links

    By PTI
    KOLKATA: The Calcutta High Court Thursday reserved its order on West Bengal Chief Minister Mamata Banerjee’s application seeking recusal of a judge from hearing her petition challenging the election of her BJP rival from Nandigram Suvendu Adhikari apprehending bias because of his links to the saffron party.

    Banerjee was present before the court online during the hearing by Justice Kausik Chanda in accordance with his June 18 direction.

    Appearing for Banerjee, senior counsel A M Singhvi submitted through video conferencing that the petitioner apprehends bias on the part of the judge in adjudicating the election petition as he was formerly an “active member” of the BJP.

    Advocate S N Mookerjee also argued for the TMC supremo.

    Justice Chanda, whose recusal Banerjee has sought, reserved his judgement after hearing their submissions.

    Banerjee has claimed Justice Chanda was an active member of the BJP till his appointment as Additional Solicitor General in 2015, and since the election of a BJP candidate has been challenged, she apprehended bias in adjudication of the election petition.

    Quoting Shakespeare, Singhvi submitted: “Hon’ble judge of this hon’ble court should be like Caesar’s wife – above suspicion.”

    Justice Chanda said he was never the convenor of BJP’s legal cell, as claimed, but had represented the party in many cases before the Calcutta High Court.

    He acknowledged he had appeared for the BJP in a 2014 case for granting permission for a rally to be addressed by Amit Shah in front of Victoria House at Esplanade.

    The judge wondered whether recusing himself from the case would not mean giving in to a media trial.

    Justice Chanda also asked why the objections were not raised during the first hearing of the election petition on June 18 and the transfer application submitted to the Acting Chief Justice on June 16 was not mentioned then.

    Banerjee claimed in the recusal application that as Suvendu Adhikari is a member of the BJP and the “Hon’ble Judge was an active member of the BJP, (it) will lead to a situation and perception whereby the Hon’ble Judge adjudicating the said election petition, may be said to be judge in his own cause.”

    Her counsel had also written to the acting chief justice seeking reassignment of her election petition to another bench.

    Banerjee has accused Adhikari, her former confidante- turned-rival, of committing corrupt practices in violation of Section 123 of the Representation of the People Act, 1951.

    She has also alleged irregularities were committed in the counting exercise.

    According to the result declared by the Election Commission on May 2, Adhikari had defeated Banerjee by 1956 votes.

    She had sought recounting of votes after her defeat by a slender margin but the returning officer turned down the request.

  • SC to hear pleas of CM Mamata Banerjee, Law Minister in Narada bribery case on June 25

    By PTI
    NEW DELHI: The Supreme Court Tuesday decided to hear on June 25 the appeals of West Bengal Chief Minister Mamata Banerjee and the state Law Minister Moloy Ghatak against the June 9 order of the Calcutta High Court which had refused to take on record their affidavits on the CBI’s transfer plea related to the Narada scam case.

    The appeals, initially listed before a vacation bench of Justices Hemant Gupta and Aniruddha Bose, were referred to another bench by Chief Justice N V Ramana during the day itself after Justice Bose recused from the hearing without citing any reason.

    A bench of Vineet Saran and Dinesh Maheswari, to which the cases were referred, took up the matter in the afternoon.

    At outset, Justice Saran said that the matters are fresh for the bench and they needed to go through the files before the hearing.

    On being pointed out that earlier the top court had requested the high court to defer the hearing till it decides the appeals, the bench said that it would pass the same order urging the high court to postpone the scheduled hearing there on June 23 and wait for two more days.

    The bench then enquired from Solicitor-General Tushar Mehta, and senior Advocates Rakesh Dwivedi and Vikas Singh, whether they will be able to conclude the arguments on Friday.

    The lawyers answered in the affirmative.

    “The Supreme Court had noted earlier on June 18 that the High Court may not take up the matter on 21 and 22. Since the matter could not be taken up today, we hope the High Court will not take up the matter on any date prior to the 25th”, the bench said in the order.

    The top court was scheduled to hear three appeals including that of the state government challenging the high court’s denial for filing of affidavits by Banerjee and Ghatak in their role on the day of arrest of four Trinamool Congress leaders on May 17 by CBI in the case.

    It has been alleged that the state ruling party leaders played a key role in stopping the CBI from performing its legal duty after arresting four leaders in the case.

    Initially, the state government and the law minister had moved the top court with their appeals and later the chief minister filed her plea against the June 9 order of the high court.

    The top court on June 18 had requested the high court to hear the case a day after the apex court considered the appeals of the state government and Ghatak against the order.

    On June 9, a five-judge bench of the Calcutta High Court, hearing CBI’s application for transfer of the Narada sting tape case from the special CBI court to the high court, had said it will decide later on considering the affidavits by Banerjee and Ghatak on their respective roles on the day of the arrest of four leaders in connection with the case.

    Senior advocates Rakesh Dwivedi and Vikas Singh, appearing for Ghatak and the state government, had said it was necessary to bring on record of the high court the affidavits as they deal with the roles of the persons concerned on May 17.

    The law minister was attending the cabinet meeting and was not in the court premises at the time of hearing, Dwivedi had said, adding that even the CBI officials were not there on the spot as the lawyer for the agency addressed the court virtually.

    The high court, which on June 9 decided to consider later the affidavits of Banerjee and Ghatak, was urged by the Solicitor General that the affidavits cannot be accepted on the ground of delay as they were filed after the completion of his arguments.

    The CBI, which has filed an application seeking transfer of the Narada sting tape case from the special CBI court to the high court, has made the chief minister and the law minister parties in its plea there.

    It had claimed that while the chief minister had sat on a dharna at the CBI office in Kolkata soon after the arrest of the four accused, Ghatak had been present at the Banshall Court premises during the virtual hearing of the case before the special CBI court there on May 17.

    Ministers Subrata Mukherjee and Firhad Hakim, Trinamool Congress MLA Madan Mitra and former mayor of Kolkata Sovan Chatterjee were arrested by the CBI which is investigating the Narada sting tape case on a 2017 order of the high court.

    The five-judge bench, comprising Acting Chief Justice Rajesh Bindal and justices I P Mukerji, Harish Tandon, Soumen Sen and Arijit Banerjee, had adjourned the hearing in the matter.

    The bench had granted interim bail on May 28 to the four accused.

    The special CBI court had granted them bail on May 17 itself, but the order was stayed by the high court, which remanded them to judicial custody.

    They had been placed under house arrest on May 21 by the high court, modifying its earlier order of stay on the bail.

    The Narada sting operation was conducted by journalist Mathew Samuel of Narada News, a web portal, in 2014 wherein some people resembling TMC ministers, MPs and MLAs were seen receiving money from representatives of a fictitious company in lieu of favours.

    At that time, the four arrested politicians were ministers in the Mamata Banerjee government.

    The sting operation was made public ahead of the 2016 assembly elections in West Bengal.

  • SC defers Narada hearing to June 25, requests Calcutta HC not to conduct hearing till then

    By ANI
    NEW DELHI: Supreme Court on Tuesday said it would take up the petition filed by West Bengal Chief Minister Mamata Banerjee challenging the Calcutta High Court order, which had denied her to file an affidavit in the Narada sting case for hearing on June 25.

    A division bench of the apex court, headed by Justice Vineet Saran and also comprising Justice Dinesh Maheshwari, also requested the five-judge bench of the Calcutta High Court, which is hearing the Narada sting case, to also not conduct any hearing before June 25, Friday, when it will take up the matter.

    The Supreme Court also said, “We hope the Calcutta High Court will not take up the hearing prior to June 25.”

    West Bengal Chief Minister Mamata Banerjee had yesterday knocked the doors of the Supreme Court in connection with the Narada sting case, after the Calcutta High Court had denied her to file an affidavit in the case.

    She was made a party to the case when the four former TMC (Trinamool Congress) ministers were arrested by the CBI and she had reached the CBI office.

  • HC urged to direct Mamata government to file report on withdrawing Suvendu Adhikari’s security cover

    By PTI
    KOLKATA: Leader of Opposition in the West Bengal Assembly, Suvendu Adhikari, on Monday prayed before the Calcutta High Court for a direction to the Director of Security of the state to file a report on withdrawing his security cover.

    On a plea by the state Advocate General to respond, Justice Moushumi Bhattacharya fixed the matter for further hearing on June 24.

    Adhikari’s counsel prayed before the court that a report be filed by the Director of Security, West Bengal, as to the reason why the security cover of the petitioner was withdrawn by the state on May 18.

    It was also prayed that the report should clarify whether there is any continuing perception of threat to Adhikari’s life warranting security cover.

    The BJP MLA’s counsel submitted that even though he enjoys Z-category security cover from the central government, he would still require the state governments support in three areas – pilot car, route lining and monitoring the places where public meetings may be held.

    Advocate General Kishore Dutta sought time to respond to the prayer made on behalf of Adhikari and the court granted it.

    Adhikari, who was a minister in the Trinamool Congress government, has been accorded a ‘Z’ category VIP security cover by the central government in December last year, after he resigned from the primary membership of the party.

    He joined the BJP later that month.

  • Mamata Banerjee moves SC against HC order on filing of affidavits in Narada sting case

    By PTI
    NEW DELHI: West Bengal Chief Minister Mamata Banerjee has moved the Supreme Court challenging the Calcutta High Court’s denial for filing of affidavits by her and state Law Minister Moloy Ghatak on their role on the day of arrest of four Trinamool Congress leaders on May 17 by the CBI in connection with the Narada sting tape case.

    A bench of Justices Hemant Gupta and Aniruddha Bose will be hearing the separate appeals filed by the chief minister, Ghatak and West Bengal Government on Tuesday.

    Earlier, the top court had said that it would hear on June 22 the appeal filed by Ghatak.

    The top court On June 18 had requested the high court to hear the case a day after the apex court considers the appeals of the state government and Ghatak against the order.

    On June 9, a five-judge bench of the Calcutta High Court, hearing CBI’s application for transfer of the Narada sting tape case from the special CBI court to the high court, had said it will decide later on considering the affidavits by the Banerjee and Ghatak on their respective roles on the day of the arrest of four leaders in connection with the case.

    Senior advocates Rakesh Dwivedi and Vikas Singh, appearing for Ghatak and the state government, had said it was necessary to bring on record of the high court the affidavits as they deal with the roles of the persons concerned on May 17.

    The law minister was attending the cabinet meeting and was not in the court premises at the time of hearing, Dwivedi had said, adding that even the CBI officials were not there on the spot as the lawyer for the agency addressed the court virtually.

    It has been alleged that the state ruling party leaders played key role in stopping CBI from performing its legal duty after the agency arrested four leaders on May 17 in the case.

    Singh had contended that under the rules there is a right to file affidavits and, moreover, CBI filed as many as three affidavits and did not take the permission of the court.

    The high court, which on June 9 decided to consider later the affidavits of Banerjee and Ghatak, was urged by the Solicitor General that the affidavits cannot be accepted on the ground of delay as they were filed after the completion of his arguments.

    The CBI, which has filed an application seeking transfer of the Narada sting tape case from the special CBI court to the high court, has made the chief minister and the law minister parties in its plea there.

    It had claimed that while the Chief Minister had sat on a dharna at the CBI office in Kolkata soon after the arrest of the four accused, Ghatak had been present at the Banshall Court premises during the virtual hearing of the case before the special CBI court there on May 17.

    Ministers Subrata Mukherjee and Firhad Hakim, Trinamool Congress MLA Madan Mitra and former mayor of Kolkata Sovan Chatterjee were arrested by the CBI which is investigating the Narada sting tape case on a 2017 order of the high court.

    The five-judge bench, comprising Acting Chief Justice Rajesh Bindal and justices I P Mukerji, Harish Tandon, Soumen Sen and Arijit Banerjee, had adjourned the hearing in the matter.

    The bench had granted interim bail on May 28 to the four accused.

    The special CBI court had granted them bail on May 17 itself, but the order was stayed by the high court, which remanded them to judicial custody.

    They had been placed under house arrest on May 21 by the high court, modifying its earlier order of stay on the bail.

    The Narada sting operation was conducted by journalist Mathew Samuel of Narada News, a web portal, in 2014 wherein some people resembling TMC ministers, MPs and MLAs were seen receiving money from representatives of a fictitious company in lieu of favours.

    At that time, the four arrested politicians were ministers in the Mamata Banerjee government.

    The sting operation was made public ahead of the 2016 assembly elections in West Bengal.

  • West Bengal govt moves Calcutta HC seeking recall of order on NHRC probe in post-poll violence

    By PTI
    KOLKATA: The West Bengal government has filed an application before the Calcutta High Court seeking recall of its order that directed the chairperson of the National Human Rights Commission (NHRC) to constitute a committee to examine all cases of alleged human rights violations during post-poll violence in the state.

    The application has been listed for hearing on Monday before a five-judge which passed the order two days ago after taking into accoount the PILs on post-poll violence.

    The state government prayed for grant of an opportunity to deal with a report by the member secretary of the State Legal Services Authority (SLSA) on the matter before the next date of hearing, and make submissions on the steps taken by it on such complaints of clashes and violence.

    The PILs have alleged that political attacks have led to displacement of people from their residences, physical assault, destruction of property and ransacking of offices.

    The government also prayed that the findings in the order of June 18 “against the state of West Bengal and/or its officers may be expunged”.

    It claimed that the order had been passed without giving the state an opportunity to file its response in connection with the SLSA member secretary’s report.

    The state also prayed for a stay of operations given in the order till the disposal of the PILs.

    The five-judge bench, comprising Acting Chief Justice Rajesh Bindal and justices I P Mukerji, Harish Tandon, Soumen Sen and Subrata Talukdar, has directed the chairperson of the NHRC to form a panel for examining all cases of alleged human rights violations during post-poll violence.

    The bench said that the committee will scrutinise the complaints the NHRC has received or could receive, and submit a comprehensive report before it about the present situation, after “may be by visiting the affected areas”.

    It further asked the committee to suggest steps that has to be taken to restore confidence in people and ensure they get to live peacefully in their houses and carry on with their occupation or business.

    “The persons prima facie responsible for crime and the officers who maintained calculated silence on the issue be pointed out,” the bench ordered, directing that the matter would be taken up for hearing again on June 30.

    The court noted that the SLSA member secretary will be a part of the committee, to be formed by the chairperson of the NHRC.

    It said that a representative from the State Human Rights Commission, West Bengal, be also associated with it.

    The bench observed that in a case where the life and property of the residents of the state are allegedly in danger on account of post-poll violence, the state cannot be allowed to proceed in the manner it likes.

    Contending that the complaints required immediate action, the bench said, “Somehow from the facts as are available on record and are sought to be projected by the petitioners, such an action is missing.”

    “It is the duty of the state to maintain law and order and inspire confidence in the residents,” it said.

    The bench observed that complaints with regard to post-poll violence received by the SLSA have been tabulated in six different categories — property vandalised, looted or damaged by miscreants, threat by miscreants as a result of which the applicant(s) are out of his/their house and requires to be reinstated, assault or sexual assault, grabbing or encroaching of property, shop/business forcefully closed by miscreants, and demand of ransom.

    A report submitted by the SLSA member secretary said 3,243 persons had reported suffering till noon of June 10.

    The official also said that complaints were referred to the superintendent of police or police stations concerned in some of the cases, but no response was received.

  • Mamata Banerjee’s counsel seeks reassignment of election petition against Suvendu to another bench

    By PTI
    KOLKATA: West Bengal Chief Minister Mamata Banerjee’s counsel Friday wrote to the secretary of the Acting Chief Justice of the Calcutta High Court, seeking reassignment of her petition challenging the election of BJP’s Suvendu Adhikari from Nandigram, to another bench.

    Claiming Banerjee has been made aware that Justice Kausik Chanda, who is hearing her plea, was “an active member of the BJP” and since the adjudication of the election petition will have political ramifications, it was prayed that the matter be assigned to another judge by the Acting Chief Justice, who is the master of roster.

    The CM’s lawyer also stated in the letter that she “had objected to the confirmation of the Hon’ble Judge as a Permanent Judge of the Hon’ble High Court at Calcutta” and as such, apprehends there is a likelihood of bias on the part of the judge concerned.

    Banerjee’s counsel urged that the letter be placed before the Acting Chief Justice forthwith “for necessary re- assignment of Election Petition so as to avoid any prejudice and/or presumption of prejudice”.

    Justice Chanda earlier in the day adjourned till June 24 Banerjee’s petition for declaring election of Suvendu Adhikari, at present the Leader of Opposition in the West Bengal Assembly, from Nandigram null and void.

    Meanwhile, a section of lawyers staged a protest in front of the high court over Justice Chanda being assigned to hear the election petition by the Trinamool Congress supremo.

    “We have no personal ill-feeling or allegation against the judge, but he was associated with a particular political party,” one of the lawyers said.

    The judge should recuse himself from hearing Banerjee’s plea, he added.

  • Form panel, examine post-poll violence cases by visiting areas: Calcutta HC to NHRC

    By Express News Service
    KOLKATA: A five-judge bench of the Calcutta High Court on Friday ordered the chairperson of the National Human Rights Commission (NHRC) to constitute a committee to examine complaints of post-poll violence, an issue that has been raised by the BJP since the TMC came to power for the third straight term. 

    The committee shall examine all the cases by visiting the areas and report to the court about steps to be taken to reinstate the confidence of the people, the order further said. 

    “It is the duty of the State to maintain law and order and to inspire confidence in the residents. The State from the very beginning had been denying everything but facts on record and report by State Legal Services Authority shows differently. Under these circumstances, we direct NHRC to constitute a committee to examine the complaints,” the bench said in its order.

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    The court was hearing a bunch of petitions alleging that many people from the Opposition were subject to violence after the ruling Trinamool Congress swept to power.

    The post-poll violence has become an issue from the day of the chief minister’s swearing-in event. The Governor and the state government got engaged in a war of words over the issue. At Raj Bhavan, after the swearing-in event, Governor Jagdeep Dhankhar raised the issue and Chief Minister Mamata Banerjee alleged the violence was mainly taking place in those areas where BJP won. 

    Referring to Dhankar’s three-day Delhi visit where he raised the post-poll violence issue in his meetings with Union Home Minister Amit Shah, Mamata on Thursday said there was no such incident in Bengal.