News Analysis India

Tag: Calcutta High Court

  • ‘Can’t have complete ban on firecrackers’: SC sets aside Calcutta HC order

    By PTI

    NEW DELHI: There cannot be a complete ban on firecrackers and the mechanism to stop their misuse has to be strengthened, the Supreme Court said on Monday setting aside the Calcutta High Court order banning firecrackers during Kali Puja, Diwali, and other festivals this year to check air pollution amid the Covid pandemic.

    A special bench of Justices A M Khanwilkar and Ajay Rastogi also asked the West Bengal government to explore the possibility to ensure at the entry point itself that the banned firecrackers and related items are not imported into the state.

    “There cannot be a complete ban on firecrackers. Strengthen the mechanism to supervise and see that misuse is stopped,” the bench observed, adding that this is not a new issue and it is the executive which has to take a call on the issue.

    While setting aside the high court’s order, the Supreme Court also gave liberty to any party to approach the High Court with adequate materials. “For the time being, we only reiterate the position recorded in the order of the Supreme Court on 29th October 2021. Additionally, the State of West Bengal will explore the possibility of ensuring that no banned materials are imported. The mechanism may be strengthened,” the top court said.

    The bench, which assembled during the Diwali break, was hearing the pleas against the October 29 order of the high court banning the sale, use, and purchase of all types of firecrackers in the state.

    “The state should ensure that there is no use or display or bursting of firecrackers of any type at all during Kali Puja, Diwali celebrations as well as Chhath Puja, Jagadhatri Puja, Guru Nanak’s birthday and Christmas and New Year’s Eve celebrations this year,” the high court had said.

    Only wax or oil-based diyas may be used for the occasion, it had said.

    At the outset, senior advocate Siddhartha Bhatnagar, appearing for the association of dealers, referred to the 2020 orders of the National Green Tribunal allowing the use of green crackers.

    He also pointed to the recent order of the apex court which said there is no total ban on the use of firecrackers and only those fireworks are banned which affects the health of children, senior citizens.

    ALSO READ | Calcutta HC’s ban on firecrackers: SC says Bengal government, pollution board need to be heard

    “This is the situation. Green crackers are not banned. We will strictly go by the direction of the Supreme Court and the NGT,” he said.

    The apex court, however, said the practical difficulties are for the executive to keep in mind.

    The high court has not defined what practical difficulty except saying that implementation will be difficult.

    Senior advocate Gopal Sankaranarayanan told the apex court that he appears for the petitioner Arjun Gopal in the ongoing case in the apex court on firecrackers.

    “I need to give your Lordships a background. We found that the manufacturers were constantly manufacturing non-green crackers. The apex court records this and notices this in the recent order dated October 29,” he said.

    “CBI had found that several kilograms of barium, which is a banned substance, was being used by the firecracker manufacturers. Implementing agencies lack the desire to implement the directions of the Supreme Court,” he quoted from the apex court order.

    Senior advocate Anand Grover, appearing for West Bengal, said the state has been complying and enforcing the orders of the apex court.

    “There is a mobile application available like a road traffic app. The police scan the barcode through the application to find out the genuineness of the crackers. The state police have been active. This issue has come out of the blue in the judgment,” he said, adding that there is an unreasonable apprehension of the high court on the issue of implementation.

    The top court in its order said, “The state submits that officials are taking necessary steps to ensure that directions issued by this Court are complied with in letter and spirit. We set aside the impugned order and permit any person interested to approach the High Court by placing all relevant materials.

    “It said the high court proceeded to pass a blanket order by being influenced by practical realities and lack of mechanism placed by the state before the court as to how the sale/burst/ lighting of only green crackers which are duly certified can be allowed.

    “This aspect, as it is stated, was never debated during the course of the argument. Mr Grover on instructions submitted that had the court called upon the parties to explain the position, the state govt as well as the state pollution control board would bring all aspects of the matter to the attention of the court.

    “We do not deem it necessary to dilate on this aspect as we are convinced that if the HC wanted to impose complete ban should have called up on the parties to offer an explanation about the aspects which weigh in to pass such an extreme order and departure from the consistent view by this court on October 29, 2021,” the bench said.

    The apex court said it has reiterated the regime delineated by the NGT in respect of manufacture and sale of firecrackers in its earlier order.

    “This departure from that regime, something different, has to be pointed out at the ground level including inaction of the executive at the ground level. The State submits that officials are taking necessary steps to ensure that directions issued by this Court are complied with in letter and spirit. If there is any inaction on the part of the officials concerned, appropriate remedy will be taken in the matter. We accept this assurance. We set aside the impugned order and permit any person interested to approach the High Court by placing all relevant materials,” it said.

    The authorities concerned shall abide by the set regime, it said.

    “Additionally, West Bengal may explore the possibility of ensuring that no import of banned firecrackers or related items within the state at the entry point itself. That mechanism can be strengthened in addition to the strict supervision and verification at places where the trading of firecrackers occurs,” the bench said.

    In its order, the high court had said that the expression firecrackers will cover all types of sparklers as well as other similar materials, whether or not their bursting or burning involves any sound or light generation.

    “The state should ensure that there is no use or display or bursting of firecrackers of any type at all during Kali Puja, Diwali celebrations as well as Chhath Puja, Jagadhatri Puja, Guru Nanak’s Birthday and Christmas and New Year’s Eve celebrations this year,” the high court had said.

    It had said that only wax or oil-based diyas may be used for the occasion.

    It had directed the police to maintain a strict vigil to ensure that there is no further sale or purchase of firecrackers and take appropriate measures against those found violating the order.

    The petition in the high court had claimed that the bursting of firecrackers of all classes will severely endanger the right to life of the citizens of the state, particularly in view of the worsening pandemic situation, as it would increase air pollution.

    It had sought a re-imposition of the ban that the court had ordered before Diwali and Chhath in 2020.

    On October 29, the apex court had said celebration cannot be at the cost of others’ health and clarified that while there is no total ban on the use of firecrackers, fireworks that contain Barium salts are prohibited.

    Warning that top officials at various levels “shall be held personally liable” for any lapses, the apex court had said it is unfortunate that despite various directions issued by it there is a blatant violation going on.

  • Calcutta HC’s ban on firecrackers: SC says Bengal government, pollution board need to be heard

    By PTI

    NEW DELHI: The Supreme Court on Monday said the West Bengal government and the state pollution control board will have to be heard if any order is to be passed on pleas against the Calcutta High Court order banning firecrackers during Kali Puja, Diwali and some other festivals this year to check air pollution amid the COVID-19 pandemic.

    The high court on October 29 had banned sale, use and purchase of all types of firecrackers in the state.

    A special bench of justices A M Khanwilkar and Ajay Rastogi told the counsel appearing for the petitioners to intimate advocates representing the state and the West Bengal pollution control board that the matter will be taken up for hearing at 3 pm today.

    The counsel appearing for the petitioners told the bench, which assembled during the Diwali vacation to hear the matter, that they have served through e-mail the advance copies of the plea to the lawyers appearing for the respondents, including the state government and the pollution control board.

    “State and pollution control board will have to be heard if any order is to be passed,” the bench said during the hearing conducted through videoconferencing.

    “It appears that advance copy has already been served on the standing counsel for the state of West Bengal as well as the pollution control board. However, no appearance is made on their behalf. We permit the counsel for the petitioners to intimate the standing counsel for the state of West Bengal as well as the West Bengal Pollution Control Board, if any, that the matter will be taken up at 3 pm through video-conference and to make themselves available with appropriate instructions,” the bench said.

    At the outset, the bench asked the counsel representing the petitioners whether they have served the advance copy of the pleas to the respondents.

    “Yes. We have served everyone through e-mail,” the counsel said.

    A lawyer, representing the petitioners on whose plea the high court had passed the October 29 order, said they are opposing the plea challenging the high court order.

    “Who is appearing for the pollution control board and the state? We don’t want to multiply the hearing unnecessarily,” the bench said.

    One of the pleas filed in the apex court has claimed that the October 29 order passed by the high court was “patently erroneous” in holding a complete ban on firecrackers within West Bengal when the apex court has allowed the use of green firecrackers in permissible limit across all states.

    “The high court failed to appreciate that green crackers with reduced emission by a minimum of 30 per cent have been introduced in the local market. These are environment friendly,” said one of the pleas filed by the chairman of a West Bengal-based firecracker association and another such group.

    One of the petitioners has said that they represent the interest of about seven lakh families who are involved in the process of manufacture and sale of fireworks and are involved in the fireworks industry in one manner or another.

    “The high court failed to appreciate that the firecrackers manufacturers under the supervision and guidance of competent authorities of both the central and state governments are now engaged in manufacturing only green crackers which conform to permissible smoke and noise levels in terms of the directions of the apex court and the National Green Tribunal,” the plea said.

    It has sought ex-parte interim stay on the operation of the high court order.

    The plea said said if a blanket ban is imposed in this season on the sale and use of firecrackers in the state of West Bengal, sellers and manufacturers will have to suffer irreparable losses which may “lead to a complete shutdown of the firecracker industry altogether”.

    In its order, the high court had said that the expression “firecrackers” will cover all types of sparklers as well as other similar materials, whether or not their bursting or burning involves any sound or light generation.

    “The state should ensure that there is no use or display or bursting of firecrackers of any type at all during Kali Puja, Diwali celebrations as well as Chhath Puja, Jagadhatri Puja, Guru Nanak’s birthday and Christmas and New Year’s eve celebrations this year,” the high court had said.

    It had said that only wax or oil-based diyas may be used for the occasions.

    The high court has directed police to maintain a strict vigil to ensure that there is no further sale or purchase of firecrackers and take appropriate measures against those found violating the order.

    The petition in the high court had claimed that the bursting of firecrackers of all classes will severely endanger the right to life of citizens of the state, particularly in view of the worsening pandemic situation, as it would increase air pollution.

    It sought a re-imposition of the ban that the court had ordered before Diwali and Chhath in 2020.

    On October 29, the apex court had said celebration cannot be at the cost of others’ health and clarified that while there is no total ban on the use of firecrackers, fireworks which contain Barium salts are prohibited.

    Warning that top officials at various levels “shall be held personally liable” for any lapses, the apex court had said it is unfortunate that despite various directions issued by it there is a blatant violation going on.

  • SC to hear plea against HC order banning firecrackers in W Bengal during Diwali, other festivals

    By PTI

    NEW DELHI: The Supreme Court is scheduled to hear on Monday a plea against the Calcutta High Court order banning the sale, purchase and use of all firecrackers in the state during Kali Puja, Diwali celebrations and some other festivities this year to check air pollution amid the COVID-19 pandemic.

    A special bench of justices A M Khanwilkar and Ajay Rastogi would hear the plea which has claimed that the October 29 order passed by the high court was “patently erroneous” in holding a complete ban on firecrackers within West Bengal when the apex court has allowed the use of green firecrackers in permissible limit across all states.

    “The high court failed to appreciate that green crackers with reduced emission by a minimum of 30 per cent have been introduced in the local market. These are environment friendly,” said the plea filed by the chairman of a West Bengal-based firecracker association and another such group.

    The petitioners have said that they represent the interest of about seven lakh families who are involved in the process of manufacture and sale of fireworks and are involved in the fireworks industry in one manner or another.

    “The high court failed to appreciate that the firecrackers manufacturers under the supervision and guidance of the competent authorities of both the central and state government are now engaged in manufacturing only green crackers which conform to permissible smoke and noise levels in terms of the directions of the apex court and the National Green Tribunal,” the plea said, while seeking ex-parte interim stay on the operation of the high court order.

    It said if a blanket ban is imposed in this season on the sale and use of firecrackers in the state of West Bengal, the sellers and manufacturers will have to suffer irreparable losses which may “lead to a complete shutdown of the firecracker industry altogether”.

    In its order, the high court had said that the expression “firecrackers” will cover all types of sparklers as well as other similar materials, whether or not their bursting or burning involves any sound or light generation.

    “The state should ensure that there is no use or display or bursting of firecrackers of any type at all during Kali Puja, Diwali celebrations as well as Chhath Puja, Jagadhatri Puja, Guru Nanak’s Birthday and Christmas and New Year’s Eve celebrations this year,” the high court had said.

    It had said that only wax or oil-based diyas may be used for the occasions.

    The high court had directed the police to maintain a strict vigil to ensure that there is no further sale or purchase of firecrackers and take appropriate measures against those found violating the order.

    The petition in the high court had claimed that the bursting of firecrackers of all classes will severely endanger the right to life of the citizens of the state, particularly in view of the worsening pandemic situation, as it would increase air pollution.

    It had sought a re-imposition of the ban that the court had ordered before Diwali and Chhath in 2020.

    On October 29, the apex court had said celebration cannot be at the cost of others’ health and clarified that while there is no total ban on the use of firecrackers, fireworks which contain Barium salts are prohibited.

    Warning that top officials at various levels “shall be held personally liable” for any lapses, the apex court had said it is unfortunate that despite various directions issued by it there is a blatant violation going on.

  • Calcutta HC sets aside CAT’s ‘mala fide’ order against Alapan Bandopadhyay

    Express News Service

    KOLKATA:  In a sharply critical order dealing a blow to the Central Administrative Tribunal’s (CAT)’s decision to transfer the hearing of former chief secretary Alapan Bandopadhyay’s case of alleged misconduct to Delhi, the Calcutta High Court on Friday said the “entire modus operandi” adopted by the Union of India “reeks of mala fides”.

    Setting aside the CAT order, the high court directed that the hearing of the case would be conducted at CAT’s Kolkata unit.

    “It is unfortunate that the Principal Bench of the CAT nurtured such efforts by passing the impugned transfer order, thereby paying obeisance to the diktat of the Union of India, which has been repeatedly held by the Supreme Court and various High Courts not to be a favoured litigant,” the judgment said.

    “Rather, the responsibility of meting out justice and serving the cause of justice is on a much higher pedestal for the Union of India than an ordinary individual litigant,’’ the high court observed.

    Bandopadhyay moved the high court challenging the CAT’s order of transferring his case of alleged misconduct.

    He alleged that he was being harassed on the charge that he had not attended a meeting of PM Narendra Modi at an air force base on May 28 to assess the damage caused by a cyclone. 

    The HC directed the Kolkata bench of CAT to decide the case on an expedite basis. The court further observed that such an action even by a quasi-judicial authority ‘leaves a bad taste in the mouth’ and also pose a threat to the federal structure as envisioned by the makers of the Constitution.      

    Earlier, replying to a show cause notice slapped by the Centre asking why action should not be taken against him for not attending the meeting with the PM, Bandopadhyay had said he was accompanying Mamata Banerjee and went by the instructions of the state chief minister to whom he reported.

  • Calcutta HC orders ban on sale and use of firecrackers

    By PTI

    KOLKATA: The Calcutta High Court on Friday ordered a ban on the sale and use of all firecrackers during Diwali, Chhath Puja, and other festivities to check air pollution amid the COVID-19 pandemic.

    A division bench comprising justices Sabyasachi Bhattacharyya and Aniruddha Roy directed the police to initiate legal action against anyone found violating the ban after having confiscated the crackers.

    This order thus nullifies a recent notification by the West Bengal Pollution Control Board that allowed the use of “green” fire crackers for a limited period of time on Diwali and Kali puja.

    The bench passed the order on a petition seeking re-imposition of the ban on firecrackers, as was ordered by the court in 2020.

  • Calcutta HC grants anticipatory bail to Kailash Vijayvargiya, 2 other BJP leaders in case of assault on woman

    By PTI

    KOLKATA: The Calcutta High Court on Thursday granted anticipatory bail to BJP leaders Kailash Vijayvargiya, Jisnu Basu and Pradeep Joshi in a case of alleged assault on a woman and criminal intimidation.

    The petitioners had challenged an order of the Chief Judicial Magistrate, Alipore, that directed registering an FIR against them.

    The complainant alleged the petitioners committed rape on her at an apartment here on November 29, 2018, and that she had also been assaulted.

    A division bench comprising justices Harish Tandon and K Chanda directed that in the event of arrest, Vijayvargiya, Basu and Joshi “shall be released on interim bail upon furnishing a bond of Rs 10,000 each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer.”

    The interim bail will remain effective till October 25, the vacation bench ordered, adding, the petitioners will not tamper with the evidence and intimidate witnesses in any manner.

    The matter will appear before the available vacation bench on October 25.

    Noting that the complaints registered by the woman did not disclose the alleged offence of gangrape, the division bench said “those complaints were lodged on separate set of facts where there is no whisper of gangrape committed by the petitioners.

    ” The bench further said even those complaints after being investigated, were dropped from the closure report filed by the investigating officer, as the materials found during the probe did not instil confidence or meet the requirement of law.

    On December 20, 2019, the woman had lodged complaints at Sarsuna police station here and at Bolpur police station in Birbhum district under IPC sections for alleged assault and criminal intimidation.

    She had moved an application before the CJM, Alipore on November 12, 2020, seeking investigation into the matter, but the court dismissed her prayer.

    The woman had then moved a criminal revisional application before the high court, challenging the lower court’s order.

    A single bench of the high court allowed the application, setting aside the order of the CJM, Alipore and remitted it back for reconsideration.

    The CJM, on October 8, 2021, directed that the complaint be treated as an FIR.

    Vijayvargiya, Basu and Joshi moved anticipatory bail applications before the high court, apprehending arrest in connection with the case.

    Appearing for Vijayvargiya, senior counsel Mahesh Jethmalani stressed that in the two FIRs/complaints lodged by the woman, not a single whisper could be ascertained relating to the gravity of the offence that is alleged in her application before the lower court.

    Appearing for Basu, senior counsel P S Patliwala submitted before the division bench the closure reports filed by the investigating agency into the two complaints lead to the conclusion that the complainant had cooked up the serious allegations subsequently out of political vendetta.

    Public prosecutor Saswata Gopal Mukherjee, appearing for the state, opposed the contention of the petitioners, arguing that there are serious allegations made against them by the alleged victim.

    He submitted that in order to unearth the truth, custodial interrogation of the petitioners is required.

    The division bench noted that the order of the single bench of the high court has been challenged before the Supreme Court, as informed by the public prosecutor, and the matter is likely to be listed on October 20.

    The bench said since the matter largely depends upon the outcome of the Special Leave Petition before the apex court, the petitioners should not be deprived of the personal liberty till such time.

  • Calcutta HC allows ‘Sindur Khela’, ‘Arati’, ‘Anjali’ in Durga Puja pandals

    By PTI

    KOLKATA: The Calcutta High Court on Thursday modified earlier its orders restricting entry of visitors in Durga Puja pandals in view of improvement in COVID-19 situation and permitted all activities and rituals like ‘Anjali’, ‘Arati’, ‘Sindur Khela’ inside the marquees.

    The court made it clear that the relaxation will be subject to the maximum number of persons, which is allowed inside a puja pandal, and compliance with other conditions such as double vaccination and wearing of masks.

    Modifying earlier orders of the high court, a division bench comprising justices IP Mukerji and Aniruddha Roy directed that with the said conditions being followed, “all activities and puja rituals like Anjali, Arati, Sindur Khela, etc., are permitted inside the pandal.”

    The high court had in October 2020 ordered that in case of smaller pujas, a list for people entering the pandal each day of the four-day festival may include up to 20 names, but not more than 15 persons in case of smaller pujas should get access to the pandals at any given point of time.

    It had directed that for the larger pujas, the charts may include up to 60 names, but at no point of time should the number of persons present within the pandals or the covered area be more than 45.

    It had said that the norms for the highest-end pandals would only apply to pujas where the pandals cover an area in excess of 300 square metres, excluding the dais on which the idols are placed.

    In a petition seeking similar curbs for this year also in view of the Covid, the high court had on October 1 this year directed that restrictions imposed last year would apply during this year’s Durga Puja celebrations as well.

    A prayer for review of the order was moved before the court on Thursday.

    The division bench, in its order, said that a “little review” of the directions is necessary with the improvement in the COVID situation and administration of double vaccination to a substantial number of people.

    The bench directed that entry into a pandal will be limited to the maximum number of persons permitted at any point of time, as per the earlier orders of this court.

    “Such entry shall be unrestricted provided each visitor is double vaccinated and wears a mask,” the court directed.

    The bench directed that the compliance of the entry requirement will be checked by the puja organisers at the entrance.

    “Spot verification is to be made by the police. If any Puja organisation is found to be in default, the Puja and all other activities in that pandal may be forthwith cancelled by the police,” the bench directed.

  • Post-poll violence: HC unhappy as Bengal government lawyer has no information on compliance of compensation order

    By PTI

    KOLKATA: The Calcutta High Court on Monday expressed displeasure at the West Bengal government’s lawyer having no information on compliance of its order to the administration to pay compensation to victims of post-poll violence, observing that it displays a “total casual attitude in a serious matter.”

    The CBI and a Special Investigation Team (SIT) of the West Bengal Police submitted separate status reports before the court on the progress of investigation in cases of post-poll violence in the state as per an order of a five-judge bench on August 19.

    A division bench comprising Acting Chief Justice Rajesh Bindal and Justice Rajarshi Bharadwaj noted that the counsel appearing for the state does not have any information on compliance with a direction by the five-judge bench that ordered the West Bengal government to take immediate action to pay compensation to the victims of crime as per the state’s policy.

    The counsel representing the state sought time to inform the court on the issue.

    “This apparently shows total casual attitude in a serious matter,” the bench observed.

    The division bench also noted that Justice Manjula Chellur, retired chief justice of Calcutta High Court, who had been requested by this court to monitor the working of the SIT, had not been taken into confidence in the state government’s decision to spare the services of 10 additional IPS officers to assist the SIT comprising three senior IPS officers of West Bengal cadre.

    The bench further said the report submitted by the SIT does not reflect any request by it to spare the services of the 10 IPS officers and certain other officers to assist it for different zones of the state and the West Bengal government had taken the decision on its own.

    “It further transpires from the report that certain advocates have been appointed as legal advisers to advise on various issues with each of the zonal teams. Even for that purpose, Justice Chellur has not been taken into confidence,” the division bench said.

    The bench said the status report of the CBI states that 40 FIRs have been filed by it so far in connection with post-poll violence cases and charge sheets have been filed in seven cases after investigation.

    A five-judge bench presided by the Acting Chief Justice had on August 19 ordered a CBI investigation into all cases of alleged murder and crime against women regarding rape or attempt to rape in post-poll violence in West Bengal.

    Passing judgment in PILs seeking independent probe in alleged violence in the state following the state assembly elections, the bench had ordered the constitution of a Special Investigation Team (SIT) comprising three IPS officers of West Bengal cadre for monitoring probe in all other cases.

    The bench, also comprising justices I P Mukerji, Harish Tandon, Soumen Sen and Subrata Talukdar directed that both the investigations will be monitored by the high court and ordered the CBI and the SIT to submit their status report before it within six weeks from date.

    The bench had ordered the West Bengal government to pay compensation to the victims of crime as per the policy of the state, after due verification and directed that the amount would be directly transferred to their bank accounts.

    It had directed that the matter would be placed for hearing before a division bench on October 4 for further hearing.

    A fact-finding committee into allegations of human rights violations in post-poll violence formed by the NHRC chairman on the order of the high court had on July 13 submitted its final report to the five-judge bench.

  • Calcutta HC stays proceedings against Suvendu Adhikari, brother in tarpaulin scam case

    By PTI

    KOLKATA: The Calcutta High Court on Monday ordered a stay on all further proceedings in a case of alleged tarpaulin theft against Leader of Opposition in West Bengal assembly Suvendu Adhikari and his brother Soumendu.

    Passing the interim order, Justice Kausik Chanda observed that the political overtones of this criminal case cannot be brushed aside.

    The court ordered that there will be a stay on all further proceedings pending before the additional chief judicial magistrate, Contai, Purba Medinipur district, till six weeks after the ensuing Puja vacation.

    Justice Chanda directed that the opposite party may file affidavits-in-opposition within two weeks after the Puja vacation.

    The court said the petitioners may file affidavits in reply within another week after that.

    The petition of Suvendu and Soumendu, a former chairman of Contai Municipality, praying for quashing of proceedings against them in connection with the case in Contai police station will be taken up for hearing again four weeks after Puja vacation, the court directed.

    P S Patwalia, senior advocate appearing for Suvendu Adhikari submitted that the petitioners had been implicated in this case since they had changed their political affiliation from the ruling Trinamool Congress to the opposition BJP.

    Senior advocate Kishore Datta, representing the state, submitted that since the complaint discloses cognizable offences, it is mandatory for the police to lodge an FIR.

    Observing that political overtones of this present criminal case cannot be brushed aside with both the petitioners having left the ruling party and joined the opposition party, the court said that the present criminal proceeding is one of the contemporaneous criminal cases launched against Suvendu Adhikari soon after the change of his political affiliation.

    Justice Chanda also took note of an earlier order of another bench of the high court wherein it had said “Prima facie there appears to be an attempt at implicating and victimising him (Suvendu Adhikari) in criminal cases and mala fides, malice and collateral purpose in registering the FIRs against the petitioner and his associates.”

    It was claimed by Suvendu Adhikari’s lawyers that at least six criminal cases have been lodged against him at various police stations in the state since he changed his political affiliation.

  • Bengal post-poll violence: CBI, SIT submit probe progress reports before Calcutta High Court

    By PTI

    KOLKATA: The CBI and a special investigation team (SIT) of the West Bengal Police on Monday filed status reports before the Calcutta High Court on the ongoing probe into cases of post-poll violence in the state.

    The reports were submitted in sealed covers before a division bench comprising Acting Chief Justice Rajesh Bindal and Justice Rajarshi Bharadwaj.

    The bench fixed the matter for further hearing on November 8.

    A five-judge bench presided by the acting chief justice had on August 19 ordered a CBI investigation into cases of alleged murder and crimes against women, including rape and attempt to rape, in the aftermath of the assembly elections earlier this year.

    Passing a judgement in the PILs seeking an independent probe into alleged violence following the assembly elections, the court had also ordered the constitution of an SIT, comprising three IPS officers of the West Bengal cadre, for monitoring the investigation in all other cases.

    The bench, which has I P Mukerji, Harish Tandon, Soumen Sen and Subrata Talukdar as its other members, directed that both the investigations will be monitored by the high court and ordered the CBI and the SIT to submit their status reports before it.

    It later appointed Justice (retd) Manjula Chellur, a former chief justice of Kerala High Court, Calcutta High Court and Bombay High Court, to “overview” the functioning of the SIT.

    The court had further directed that the matter would be placed before a division bench on October 4 for further hearing.

    A fact-finding committee into allegations of human rights violations in post-poll violence formed by the NHRC chairman on the order of the high court had on July 13 submitted its final report to the five-judge bench.

    The bench had also ordered the West Bengal government to pay compensation to the victims of crime as per the policy of the state, after due verification, and directed that the amount be directly transferred to their bank accounts.