News Analysis India

Tag: Calcutta High Court

  • HC says police cannot take coercive action in criminal cases relating to Suvendu Adhikari

    By PTI

    KOLKATA: In a reprieve to Leader of Opposition in West Bengal Suvendu Adhikari, the Calcutta High Court on Monday said police cannot take any coercive action in criminal cases relating to him in the state, including in the investigation by the CID into the unnatural death of his bodyguard.

    The CID had asked Adhikari to appear before it on Monday in connection with its investigation in a murder case lodged by the widow of the security guard in 2021, but the BJP MLA remained absent, citing pending petitions before the high court challenging FIRs against him in several cases, and political engagements.

    Justice Rajasekhar Mantha stayed proceedings against Adhikari in connection with three cases pertaining to the death of the bodyguard, an alleged political clash in Nandigram and a case of snatching lodged in Contai, Nandigram and Panskura police stations, respectively, in Purba Medinipur district.

    Allowing investigation in an alleged job scam case registered with Maniktala police station in Kolkata and a case of allegedly threatening the police at Tamluk, the court directed that no coercive action can be taken against him in connection with these.

    Adhikari is not a named accused in the cases filed in Contai and Maniktala police stations.

    Observing that the “right to life and personal liberty under Article 21 is cardinal, above all and completely non-negotiable,” the bench said “in the instant case there is prima facie evidence before this court of abuse and or misuse of state and police machinery in registering cases for investigation based on half-truths, fiction, concoctions and nonevents.”

    Directing the West Bengal government to furnish information regarding any further FIR registered against Adhikari, the bench directed that the state will have to obtain permission from the court before arresting him or taking any coercive action against him in all such cases.

    The high court asked the BJP leader to cooperate with the investigating officers in connection with the two cases in which probe will continue, while making it clear the investigators will, as far as possible, accommodate him, if he is required to give any statement, from a place and time convenient to him, considering his public responsibilities.

    The order was passed on Adhikari’s petition seeking the court’s intervention in criminal proceedings filed against him by the state police or ordering transfer of investigation of the cases to the CBI.

    He claimed that these cases are politically motivated since he is a BJP MLA and the Leader of Opposition in the state assembly.

    Adhikari complained of abuse of state and police machinery by the ruling dispensation in registering FIRs against him.

    He also said these cases were lodged against him after he left the ruling Trinamool Congress and joined the BJP.

    The former West Bengal transport minister’s counsel alleged before the court that victimisation and harassment by the state had begun immediately after the petitioner switched over to the saffron party in December 2020, and intensified after the assembly elections in May this year.

    Appearing for the state, Advocate General Kishore Dutta submitted that Adhikari is not a named accused in the cases of death of his bodyguard in 2018 and the alleged job racket, and as such cannot seek relief before the court.

    Opposing Adhikari’s prayer for handing over the cases to the CBI from the state police, Dutta argued that transfer of investigation is sought primarily by the victim of a crime, and the basis of that is inadequate investigation into the crime perpetrated upon the victim.

    Disagreeing with the contention of the advocate general, Justice Mantha said the high court is of the view that a prayer for transfer of investigation cannot be restricted, to be sought only by a victim of crime.

    “An accused can equally be prejudiced by a biased investigation or malicious prosecution and can, therefore, seek transfer of investigation,” he said.

    The court further observed that Contai police station did not enquire as to what caused the delay of three years in registering a complaint of murder by the widow of the security guard, which was originally treated as suicide.

  • Calcutta HC gives interim relief to Suvendu Adhikari regarding CID summons

    By ANI

    KOLKATA: Calcutta High Court on Monday has given interim relief to Leader of Opposition in West Bengal Assembly Suvendu Adhikari in the context of Crime Investigation Department (CID) summons.

    Justice Raj Sekhar Mantha of Calcutta High Court has given a stay order of proceedings in respect of cases registered at Contai Police station and the Nandigram Police Station on March 18, 2021.

    “In cases registered at Manicktalla and Tamluk police stations, the investigation may go on. No coercive action must be taken. State shall provide any information on the petitioner. The state shall also obtain leave of the court before arrest or coercive action on any case for the time being. In cases where he is not named in FIR shall be allowed to continue and he shall cooperate with investigating authorities,” the Court said.

    The court directed that investigating authorities shall accommodate Adhikari if he is required to depose or give a statement, from a place convenient to him. A detailed reason shall be given.

    “Since he is the Leader Of Opposition, please accommodate him. A detailed reason shall follow later,” the Court said.

    Considering the facts of the case, the FIR in which Adhikari has been named is put on stayed.

    Bharatiya Janata Party (BJP) leader Suvendu Adhikari was summoned by West Bengal CID regarding the unnatural death of his guard Subhabrata Chakraborty.

    Earlier in July, a four-member CID team visited Purba Medinipur to probe Chakraborty’s death. The case is related to Chakraborty, who had died under suspicious circumstances three years ago.

    CID had taken the case from Kanthi Police Station in Purba Medinipur on July 14. The case was filed by Chakraborty’s wife Suparna Kanjilal Chakraborty. 

  • Former Calcutta HC Chief Justice to oversee SIT probe on post-poll violence in Bengal

    By PTI

    KOLKATA: A five-judge bench of the Calcutta High Court on Friday said former Chief Justice of this court Manjula Chellur will oversee the functioning of an SIT formed by it to probe alleged post-poll violence cases other than rape and murder.

    The bench had, in its judgement on August 19 on a batch of PILs seeking an independent probe into incidents of violence after the Assembly elections in West Bengal, directed the CBI to investigate all alleged cases of heinous crimes like rape and murder.

    The bench, headed by Acting Chief Justice Rajesh Bindal, said Justice (retd) Chellur will oversee the functioning of the SIT formed by it to probe into other post-poll violence cases in the state.

    The Special Investigation Team included Suman Bala Sahoo, Soumen Mitra and Ranveer Kumar, all IPS officers of the West Bengal cadre.

    The bench had directed that the SIT would be entitled to take assistance of any other police officer or any institution or agency for carrying out a fair investigation into the cases.

    The bench, also comprising justices I P Mukerji, Harish Tandon, Soumen Sen and Subrata Talukdar, had said that both the investigations would be monitored by the high court and ordered the CBI and the SIT to submit their status report before it within six weeks from August 19.

    The West Bengal government has appointed ten IPS officers to assist the SIT.

  • West Bengal moves SC against Calcutta HC order of CBI probe into post-poll violence cases

    By PTI

    NEW DELHI: The West Bengal government Wednesday moved the Supreme Court challenging the Calcutta High Court order directing the court-monitored CBI investigation into all heinous cases like rape and murder during the post-poll violence in the state after accepting the recommendations of an NHRC panel.

    The state government in its special leave petition alleged that it did not expect fair and just investigation by the central agency which is busy foisting cases against the functionaries of ruling Trinamool Congress Party.

    Earlier, lawyer Anindya Sundar Das, one of the PIL petitioners on whose plea the High Court August 19 verdict had come, had filed a caveat in the apex court urging that no order be passed without hearing him if the state or other litigant move appeals.

    A five-judge bench of the High Court, headed by Acting Chief Justice Rajesh Bindal, had ordered a CBI investigation in all alleged cases of heinous crimes in West Bengal after the assembly poll results this year in which the ruling TMC came back to power.

    As regards other criminal cases related to post-poll violence, the high court had directed that they be investigated by a Special Investigation Team under the monitoring of the court.

    The high court bench, which also comprised justices I P Mukerji, Harish Tandon, Soumen Sen and Subrata Talukdar, had observed that there were “definite and proved” allegations that complaints of the victims of violence in the aftermath of the West Bengal assembly polls were not even registered.

    Ordering setting up of an SIT to probe all other cases, it had said that it will include Suman Bala Sahoo, Soumen Mitra and Ranveer Kumar, all IPS officers of the West Bengal cadre.

    “All the cases where, as per the report of the Committee, the allegations are about murder of a person and crime against women regarding rape/attempt to rape, shall be referred to CBI for investigation,” it had said.

    The high court has also directed the NHRC committee, constituted by its chairman on a direction by the five-judge bench, and any other commission or authority and the state to immediately hand over the records of the cases to the CBI to carry forward the probe.

    The bench had said it will monitor the investigations by both the CBI and the SIT and asked the two agencies to submit status reports to the court within six weeks.

    It had said that the working of the SIT will be overseen by a retired Judge of the Supreme Court for which a separate order will be passed after obtaining his/her consent.

    In its ruling, the bench had said heinous crimes such as murder and rape “deserve to be investigated by an independent agency which in the circumstances can only be Central Bureau of Investigation.”

    The bench had said the State failed to register FIRs even in some cases of alleged murders.

    “This shows a pre-determined mind to take the investigation into a particular direction. Under such circumstances investigation by an independent agency will inspire confidence to all concerned,” it had noted.

    It had said allegations that the police had not registered a number of cases initially and that some were registered only after the court had intervened or the committee was constituted were found to be true.

    It had observed that the facts in relation to the allegations made in the PILs are “even more glaring” as the incidents are not isolated to one place in the state.

    The NHRC committee had on July 13 submitted its final report to the court.

    An interim report of the NHRC committee had mentioned that Atif Rasheed, a member of the committee, was obstructed from discharging his duty and he and his team members were attacked by some undesirable elements on June 29 in the Jadavpur area on the southern fringe of the city, the court noted.

    The PILs had alleged that people were subjected to assault, made to flee homes and properties were destroyed during the violence in the wake of the assembly elections and sought impartial probe into the incidents.

  • In most cases in Bengal post-poll violence, suspects shown as fugitive by police: CBI

    Express News Service

    KOLKATA: The CBI has so far received details of 60 cases of post-poll violence in West Bengal from the state administration. 

    In most of the incidents, the accused were shown as fugitives, the central agency said.

    “We received 60 post-poll violence cases from 17 districts. The details of the investigation conducted by the state police are showing that the suspects are at large in most of the cases. We are studying each of the cases thoroughly,” said a CBI officer.

    The officer said the central agency might interrogate the suspects, who were arrested by the state police, in jail.

    ALSO READ | Bengal’s wrong policies hurting farmers, says BJP leader Dilip Ghosh

    A team of CBI sleuths visited the house of Sobharani Mondal, an elderly woman who was murdered by alleged Trinamool Congress supporters at Jagatdal in North 24 Parganas district. They recorded statements of the deceased’s family members.

    The CBI formed four teams, each headed by a joint director, to conduct the probe directed by Calcutta High Court. Altogether, 109 officers have been engaged in the probe. The CBI registered 11 new FIRs and all of them are in south Bengal districts.

    Acting on the report submitted by the National Human Rights Commission (NHRC), the high court ordered the CBI to probe into grievous crimes such as murder, rape, and attempt to rape.

    Chief Minister Mamata Banerjee, meanwhile, lashed out at the BJP-led central government alleging it was using agencies such as NHRC and CBI to score its political goals. “In its report, the commission said five BJP workers and 16 TMC workers were killed in post-poll violence. BJP is planting its members in the rights body. How many times did you send NHRC to Uttar Pradesh?” she asked.

  • Centre appoints five additional judges for Calcutta High Court

    By ANI

    NEW DELHI: The Union Ministry of Law and Justice on Thursday appointed five persons as additional judges of the Calcutta High Court.

    “In exercise of the power conferred by clause (1) of Article 224 of the Constitution of India, the President is pleased to appoint (1) Kesang Doma Bhutia, (2) Rabindranath Samanta, (3) Sugato Majumdar, (4) Bivas Pattanayak and (5) Ananda Kumar Mukherjee to be Additional Judges of the Calcutta High Court, in that order of seniority,” reads the notification of the Ministry of Law and Justice.

    According to the Ministry, the appointment of Sugato Majumdar and Bivas Pattanayak as Additional Judges of Calcutta High Court would be for a period of two years with effect from the date they assume charge of their respective offices.

    Meanwhile, the period of appointment of Kesang Doma Bhutia, Rabindranath Samanta and Ananda Kumar Mukherjee as Additional Judges of Calcutta High Court would be till May 4 2022, June 23, 2023 and August 4, 2022, respectively with effect from the date they assume charge of their offices.  

  • No party can abdicate its constitutional responsibility: Citizens’ group on Calcutta HC order

    By PTI

    NEW DELHI: A group of citizens, including retired judges, civil servants and veterans, said on Saturday that the Calcutta High Court’s order for a CBI probe into the serious cases of post-poll violence in West Bengal highlights that criminalisation and lumpenisation of the political system cannot be tolerated.

    The judgment has made it clear that no political party can abdicate its responsibility in discharge of constitutional responsibility, the Call for Justice said in a statement.

    The group in a fact-finding report had flagged the alleged cases of post-poll violence after the Trinamool Congress (TMC) retained power in the state with a big win over the BJP and had submitted it to the Union Home Ministry, seeking SIT probe.

    The BJP has blamed the TMC’s cadres for the violence, a charge denied by it.

    The statement said, “Democracy is a proven political system that has stood the test of time and periodical conduct of free and fair elections reflect the maturity of participatory processes. Retributive violence, targeted intimidation, retaliation, coercion, mob frenzy defeats the basic purpose of informed participation and thereby violate the sanctity of elections.”

    It added, “The judgement clearly highlights that the criminalization and lumpenisation of political system is no longer to be tolerated and no political party can abdicate its responsibility in discharge of constitutional responsibility.”

    The essence of the high court judgment is an eye opener for all the political parties that no one is above the law and logic of justice must be adhered by all those who believe in norms of democracy and follow non-negotiable principles as enshrined in the Constitution, it said.

    Justice Permod Kohli (retired), former chief justice of the Sikkim High Court who headed the fact-finding committee, and former IAS officer Madan Gopal, the member secretary of the committee, were among those who issued the statement.

    The Calcutta High Court on Thursday ordered a CBI probe into grievous cases such as murder and rape in the post-poll violence in West Bengal.

    A five-judge bench headed by Acting Chief Justice Rajesh Bindal also ordered the formation of a special investigation team (SIT) to probe all other offences related to the alleged post-poll violence.

  • Post poll violence in West Bengal: PIL petitioner files caveat in SC

    By PTI

    NEW DELHI: One of the PIL petitioners, on whose plea the Calcutta High Court ordered CBI probe into all heinous cases during the post poll violence in West Bengal, Friday filed a caveat in the Supreme Court urging that no order be passed without hearing him if the state or other litigant move appeals against the verdict.

    A five-judge bench of the High Court, headed by Acting Chief Justice Rajesh Bindal, on Thursday ordered a CBI investigation in all alleged cases of heinous crimes like rape and murder, while accepting the recommendations of an NHRC panel, in West Bengal after the assembly poll results this year in which the ruling Trinamool Congress Party came back to power.

    The unanimous verdict came on a batch of petitions including the one PIL filed by lawyer Anindya Sundar Das raising the issue of violence taking place in various parts of the state after the state assembly elections.

    Das, in anticipation of the fact that the aggrieved parties, including the state government, may file appeals against the verdict, filed the caveat in the top court to ensure that he is heard before any order is passed on the pleas to be filed in the apex court.

    The high court bench, which also comprised justices I P Mukerji, Harish Tandon, Soumen Sen and Subrata Talukdar, has observed that there were “definite and proved” allegations that complaints of the victims of violence in the aftermath of the West Bengal assembly polls were not even registered.

    Ordering setting up of an SIT to probe all other cases, it has said that it will include Suman Bala Sahoo, Soumen Mitra and Ranveer Kumar, all IPS officers of the West Bengal cadre.

    “All the cases where, as per the report of the Committee, the allegations are about murder of a person and crime against women regarding rape/attempt to rape, shall be referred to CBI for investigation,” it said.

    The high court has also directed the NHRC committee, constituted by its chairman on a direction by the five-judge bench, and any other commission or authority and the state to immediately hand over the records of the cases to the CBI to carry forward the probe.

    The bench said it will monitor the investigations by both the CBI and the SIT and asked the two agencies to submit status reports to the court within six weeks.

    It has said that the working of the SIT will be overseen by a retired Judge of the Supreme Court for which a separate order will be passed after obtaining his/her consent.

    In its ruling, the bench has said heinous crimes such as murder and rape “deserve to be investigated by an independent agency which in the circumstances can only be Central Bureau of Investigation.”

    The bench has said the State failed to register FIRs even in some cases of alleged murder.

    “This shows pre-determined mind to take investigation into a particular direction.”

    “Under such circumstances investigation by independent agency will inspire confidence to all concerned,” it has noted.

    It said allegations that the police had not registered a number of cases initially and that some were registered only after the court had intervened or the committee was constituted were found to be true.

    It observed that the facts in relation to the allegations made in the PILs are “even more glaring” as the incidents are not isolated to one place in the state.

    The NHRC committee had on July 13 submitted its final report to the court.

    An interim report of the NHRC committee had mentioned that Atif Rasheed, a member of the committee, was obstructed from discharging his duty and he and his team members were attacked by some undesirable elements on June 29 in Jadavpur area on the southern fringe of the city, the court noted.

    The PILs had alleged that people were subjected to assault, made to flee homes and properties were destroyed during the violence in the wake of the assembly elections, sought impartial probe into all such cases, and demanded protection of life and liberty.

  • Allegation of bias against NHRC panel not material: Calcutta HC judge

    By PTI

    KOLKATA: Penning his observations in a concurring judgement on handing over of the investigation into heinous crimes in post-poll violence in West Bengal to the CBI, Justice IP Mukerji said the allegation of bias against the NHRC committee was not material.

    Justice Mukerji of the Calcutta High Court observed the committee constituted by the National Human Rights Commission (NHRC) had only power under the order of the five-judge bench to report on facts as gathered by them on investigation.

    “The allegation of bias against the Committee is not material because this court has considered not only the report of the Committee but other materials as well and arguments of learned Counsel based thereon,” Justice Mukerji observed in the concurring judgement passed by the bench on a clutch of PILs, seeking independent probe into alleged post-poll violence and compensation to victims.

    “Therefore the part of the report expressing opinion, making recommendations etc. is non-est in the eye of law,” he observed in the judgement delivered on Thursday.

    The bench, comprising Acting Chief Justice Rajesh Bindal and justices I P Mukerji, Harish Tandon, Soumen Sen and Subrata Talukdar, ordered a CBI probe into heinous crimes like rape, attempt to rape and murder and formation of an SIT comprising three senior IPS officers into other cases of alleged post-poll violence in West Bengal.

    In his observations, Justice Mukerji said the submission of the Election Commission is absolutely right that conduct of elections was with it, but the administration was with the government.

    The government said that the EC was in charge up to May 5 “The Election Commission, in my opinion, is theoretically correct.

    But, it is also true that the Election Commission had directed the administration to transfer officials with administrative duties and post them according to its direction at the time when it was in charge of the election.

    “If offences had occurred as a consequence of the polls, it was also the duty of the Election Commission at least to direct or advise the administration to register the complaints which it did not,” Justice Mukerji observed.

    He observed that between the polls and assumption of office by the new government, the Election Commission should have played a more positive role in directing the administration to register the complaints.

    “If the offence is established, the wrong doers have to be brought to justice.

    Only then will the entire system be seen as fair, just and transparent by the ordinary people,” the judge said.

    Justice Harish Tandon, in his observations, said that it is a salutary function of the court to protect their rights guaranteed under the constitution.

    “The Court cannot be a mute spectator nor should be apathetic to the voices of the persons who felt aggrieved but must rise to an occasion to protect such rights,” he observed.

    “There may be cases which are not relatable to post-poll violence but the persons have been deprived of their rights being not addressed through a well-recognised system in place and therefore there is no fetter on the part of the Court to entrust investigation to impartial, independent agency constituted for the purpose of rendering justice to deprived persons,” Justice Tandon said.

    Justice Soumen Sen, in his concurring judgement, said “it would be unfair to impute biasness against the members of the fact finding committee who otherwise have done a commendable job in collecting and compiling complaints.”

    He said that in his view the inclusion of Rajulben Desai, Atif Rashid and Rajeev Jain in the committee does not vitiate its report.

    “Although I felt that having regard to the antecedents of Rajulben Desai and Atif Rashid the inclusion of the said two members could have been avoided as it might raise reasonable likelihood of bias,” Justice Sen observed.

    “Although the fact finding committee has made scathing remarks and made recommendations against politicians and police officers I am of the view that such remarks and recommendations were uncalled for and to that extent the committee has transgressed its limits,” he said.

    Opposing the findings and recommendations of the NHRC committee report, senior advocate Abhishek Manu Singhvi, representing the state DGP, had claimed during submissions that it was erroneous and biased.

    Claiming that a few members of the seven-member committee had links with the BJP, he prayed that it should be rejected by the court.

  • CBI forms four teams to probe cases related to post-poll violence in Bengal

    By PTI

    NEW DELHI: The CBI has formed four teams headed by a joint director each to investigate cases of rape, murder and crime against women during post-poll violence in West Bengal, officials said on Thursday.

    The overall probe will be monitored by an officer of the additional director rank, sources said.

    Each team will have seven members, including a deputy inspector general and three superintendents of police from across the country, they added.

    The move by the central agency comes hours after the Calcutta High Court ordered a CBI inquiry into alleged killings, rape and crime against women during post-poll violence in West Bengal.

    A five-judge bench, while pronouncing a unanimous verdict on a batch of PILs seeking an independent probe into the incidents of alleged violence after the state Assembly polls held earlier this year, also ordered the formation of an SIT to investigate all other cases.

    The ruling Trinamool Congress (TMC) won the West Bengal Assembly polls by an overwhelming majority, The SIT will include Suman Bala Sahoo, Soumen Mitra and Ranveer Kumar, all IPS officers of the West Bengal cadre.

    The bench will monitor the investigations by both the CBI and the SIT.

    The court has asked the two agencies to submit status reports to it within six weeks.

    It said the working of the SIT will be overseen by a retired Supreme Court judge, for which a separate order will be passed after obtaining his or her consent.

    The bench said heinous crimes such as murder and rape “deserve to be investigated by an independent agency, which in the circumstances can only be the Central Bureau of Investigation”.

    It said the State failed to register FIRs even in some cases of alleged murder.

    “Rather the violence which erupted after the polls and the declaration of results was statewide. A number of persons died. Women were raped. The houses of certain persons who had not supported the party in power were demolished. Their other properties were damaged. Their belongings were looted, including the chattels,” the court observed.

    It said there are allegations that the complainants are being threatened to withdraw the cases and a number of cases of murder are being claimed as natural deaths without recording FIRs and conducting an investigation according to the procedure established by law.

    Noting that the West Bengal police has not properly responded to allegations of inaction and tried to downplay those, the bench said, “It certainly needs investigation by an independent agency.”

    It said three months have lapsed since the matter was taken up by the court, but “no concrete action has been taken by the State, which could inspire confidence, except filing affidavits and placing on record thousands of papers”.

    The bench ordered the West Bengal government to pay compensation to the victims in accordance with the policy of the state after due verification.

    The compensation amount will be directly transferred to their bank accounts.

    A committee of the National Human Rights Commission (NHRC) had submitted its final report in the matter to the court on July 13.