If APPs Of Purba Bardhaman Engage In Pen-Down Strike, Remove All Of Them: Calcutta High Court To State

The Calcutta High Court on Monday noted its displeasure over the pen-down strike by the Additional Public Prosecutors (APPs) at the District and Sessions Court, Purba Bardhaman.

The division bench of the Acting Chief Justice T. S. Sivagnanam and Justice Hiranmay Bhattacharyya noted:

“If a PP participates in a pen-down then he must be removed from his post. Please advice your clients accordingly, some adverse orders will come then nobody can save them. He has taken an oath of office after he became a lawyer. He has accepted the engagement given by the government as the public prosecutor. He owes a duty to the State. If he is taking side and court is not functioning, all these people will be en masse removed”.

The Court was hearing PIL on the issue that proceedings before the Sessions Court under the jurisdiction of the District and Sessions Judge, Purba Bardhaman have been hampered since March 24 after APPs called for an indefinite strike seeking the removal of the PP for the district court.

The State Counsel submitted that the State has submitted an Action Report. “The PP has given a letter that he wants to work but the APPs are stopping him whereas APPs say that they do not want him as the PP," submitted the State Counsel.

“You don’t have a vested right. You have been appointed under the government order, we will ask the government to withdraw the order. They owe a duty to the public and if they fail to do that, nothing will prevent this court….”, the Court said.

The State Counsel sought time of two days and submitted that if the court is not functioning, the State will remove the APPs/PP en masse.

“You issue interim suspension orders against all of them and appoint interim public prosecutors, let the court function,” said the court.

The matter is listed again on April 26.

Case Title: Shibshankar Mahato v. State