Calcutta High Court Weekly Round-Up: April 18 To April 24, 2022

Nominal Index [Citations 126- 140]

Debaki Nandan Maiti v. The State of West Bengal and Ors 2022 LiveLaw (Cal) 126

Anindya Sundar Das v. West Bengal Taxation Tribunal Bar Association and Others 2022 LiveLaw (Cal) 127

Dr. Sudipta Banerjee v. L.S. Davar & Company & Ors 2022 LiveLaw (Cal) 128

Rajib Chakraborty and Ors v. The State of West Bengal and Ors 2022 LiveLaw (Cal) 129

In the matter of : Ms. Minakhi Mukherjee & Ors 2022 LiveLaw (Cal) 130

Prafulla Mura v. The State of West Bengal & Anr 2022 LiveLaw (Cal) 131

Shaista Afreen and Others v. The State of West Bengal and Others 2022 LiveLaw (Cal) 132

The State of West Bengal v. Union of India & Anr 2022 LiveLaw (Cal) 133 

Manav Investment and Training Company Ltd v. DBS Bank India Ltd 2022 LiveLaw (Cal) 134

Anindya Sundar Das v. Union of India and other connected matters 2022 LiveLaw (Cal) 135

Priyanka Tibrewal v. State of West Bengal and Ors Case Citation: 2022 LiveLaw (Cal) 136

Pallabi Chatterjee and Ors v. State of West Bengal and other connected matters 2022 LiveLaw (Cal) 137

Pallabi Chatterjee and Ors v. State of West Bengal and other connected matters 2022 LiveLaw (Cal) 138

Haren Bagchi Biswas alias Harendranath Biswas v. Union of India 2022 LiveLaw (Cal) 139

Sukumar Ray v. M/s Indo-Industrial Services and Ors. 2022 2022 LiveLaw (Cal) 140

Orders/Judgments 

1. 'Not In Poor Financial Condition': Calcutta High Court Upholds Eviction Order Against Daughter-In-Law From Her Father-In-Law's House

Case Title: Debaki Nandan Maiti v. The State of West Bengal and Ors.

Case Citation: 2022 LiveLaw (Cal) 126

The Calcutta High Court has recently upheld an eviction order wherein the daughter-in-law was directed to vacate the residence belonging to her father-in-law after noting that she is a medical practitioner and is thus not in a poor financial condition. Justice Rajasekhar Mantha observed, "The applicant, Swati Das, is admittedly a medical practitioner. She is neither destitute nor in a poor economic or financial condition, and there is no averment to that effect in the application. Apart from the questions of law raised by the applicant daughter-in-law, she has not able to make out any case for restoration with possession of her father-in-law's house." The Court noted that the applicant had never claimed any right of residence or share of the household against the father-in-law or her husband under the provisions of the the Domestic Violence Act, 2005. It was also noted that the applicant had not asserted any domestic violence or torture perpetrated by either her father-in-law or her husband. Thus, the Court opined that it can exercise its extraordinary jurisdiction of this court under Article 226 of the Constitution of India to protect the life and liberty of the senior citizen under Article 21 of the Constitution. "In respect of a discomfort expressed by a senior citizen towards his children, a single complaint is good enough evidence. Further, there are no disputed questions of fact in the instant case i.e., that the house admittedly belongs to the father of the writ petitioner", the Court underscored further.

2. Calcutta HC Sets Aside Order Extending Tenure Of Technical Member Of WB Taxation Tribunal, Orders State To Expeditiously Make New Appointment

Case Title: Anindya Sundar Das v. West Bengal Taxation Tribunal Bar Association and Others

Case Citation: 2022 LiveLaw (Cal) 127

The Calcutta High Court on Monday set aside an order whereby the tenure of the existing Technical Member of the West Bengal Taxation Tribunal has been extended until formal appointment of Technical Member by the Government. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj directed, "..the impugned order passed by the learned Single Judge is set aside, however by making it clear that if a fresh prayer for stay is made before the learned Single Judge, then the same will be duly considered in accordance with law and appropriate order will be passed taking into account the aforesaid relevant aspects of the matter." The Court however clarified that since the Administrative Member of the Tribunal has continued by virtue of the impugned interim order, therefore, the orders passed by him in the meanwhile are saved from challenge on the ground of his continuance as such. The Bench noted that no facts or legal provisions had been referred to in the impugned order passed by Justice Rajasekhar Mantha and was thus liable to be set aside.

3. Time To Re-Look At S.27 Of Indian Contract Act To Protect 'Trade Secrets': Calcutta High Court

Case Title: Dr. Sudipta Banerjee v. L.S. Davar & Company & Ors

Case Citation: 2022 LiveLaw (Cal) 128

The Calcutta High Court has recently upheld an injunction order passed against former employees of a law firm restraining them from divulging confidential information and trade secrets gathered during the course of their employment. The Court further opined that sharing of such information and communication would not only be unethical but would also constitute a breach of the confidentiality clause in the service contract causing serious prejudice to the law firm. A Bench comprising Justice Soumen Sen and Justice Ajoy Kumar Mukherjee observed, "The plaintiff as a professional body may not have any trade secrets per se but the persons who were/are in employment of the plaintiff would certainly be privy to privileged information and any sharing of such information and communication would not only be unethical but also a breach of the confidentiality clause which may result in serious prejudice and harm that may be caused to the clients of the plaintiff firm and may expose the plaintiff firm to civil and criminal consequences." Opining that a balance needs to be maintained between the right to freedom of trade and protection of trade secrets, the Court remarked, "The time has possibly come to have a re-look at Section 27 of the Indian Contract Act since times have changed and there is a necessity to impose some restrictions and recognize negative covenants in service contracts especially where it involves specialized knowledge as it must live up to the present needs. While freedom of contract and trade need to be upheld, they must also be balanced. No one should be allowed to take advantage of the trade secrets and confidential information developed by an individual and uses it for their own gain and when confronted, take the shelter of this section. Confidential information and trade secrets are required to be protected by law."

4. Calcutta HC Orders School To Withdraw Notice Preventing Students From Attending Classes For Non-Payment Of Dues, Orders Display Of Order In Notice Boards

Case Title: Rajib Chakraborty and Ors v. The State of West Bengal and Ors

Case Citation: 2022 LiveLaw (Cal) 129

The Calcutta High Court on Tuesday reiterated that private unaided schools whose names had come up with regards to allegations of arbitrary fee hike during the pandemic cannot deny promotion to any student or withhold report cards for non-payment of fees. The Court further instructed such schools to put up the Court's earlier interim orders stipulating such a direction in a suitable place in their notice boards for the appreciation by all concerned. A Bench comprising Justice IP Mukherji and Justice Moushumi Bhattacharya was adjudicating upon a bunch of PILs alleging that schools in particular G.D Birla Centre For Education have prevented students who have failed to clear their outstanding dues from attending classes or being promoted. Directing G.D Birla Centre for Education to immediately withdraw the impugned notice, the Court observed, "G.D. Birla Centre for Education will immediately withdraw its notice dated 9th April, 2022 and allow the students to attend classes in the usual course immediately. All other schools will also follow the directions in this order."

5. Calcutta HC Grants Anticipatory Bail To Youth Leader Meenakshi Mukherjee In Case Of Alleged Violence During Protest Against Murder Of Anis Khan

Case Title: In the matter of : Ms. Minakhi Mukherjee & Ors.

Case Citation: 2022 LiveLaw (Cal) 130

The Calcutta High Court on Tuesday granted anticipatory bail to prominent youth leader and president of West Bengal Demorcatic Youth Federation of India (DYFI) Meenakshi Mukherjee in a case pertaining to the incident of alleged violence during a march in Howrah on February 26 to protest the murder of youth leader Anis Khan. Meenakshi and 16 others were arrested and slapped with attempt to murder charges for allegedly inciting violence during the protest to condemn student activist Anis Khan's murder. Khan was found dead at his home in Amta block in Howrah district in the early hours of February 19, 2022. Alleging that four persons had come to their house on Friday night donning police and civic volunteer uniforms, Khan's father has claimed that his son was pushed off the third floor of their house in Amta. A Bench comprising Justice Debangsu Basak and Justice Bibhas Ranjan De ordered, "Considering the nature of injuries suffered and considering the gravity of the offence and the involvement of the petitioners therein, we are inclined to grant anticipatory bail to the petitioners."

6. 'Redact Names In Pleadings, File Affidavits In Sealed Covers' : Calcutta HC Issues Directions To Ensure Anonymity Of Victims Of Sexual Offences In Court Records

Case Title: Prafulla Mura v. The State of West Bengal & Anr

Case Citation: 2022 LiveLaw (Cal) 131

The Calcutta High Court on Monday issued practice directions in order to ensure that the identity of victims of sexual offences including minor victims under the POCSO Act are not disclosed in the pleadings and other records of the Court. The directions were issued while adjudicating upon an appeal filed challenging an order of conviction under Section 6 of the POCSO Act wherein the appellant had arrayed the minor victim as a respondent describing her by name and also disclosing her father's name. A Bench comprising Justice Bivas Pattanayak and Justice Joymalya Bagchi observed that such a disclosure in the petition of appeal runs contrary to the provisions of Section 33(7) of the POCSO Act as well as Section 228A of the IPC. Opining that necessary amendments are required to be made to the rules of this Court to avoid such disclosure of identity of victims, the Court underscored, "In order to avoid illegal publication of identity and other particulars of victim of offences under sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB, 376E of the Indian Penal Code as well as minor victims in the pleadings and/or documents filed before this Court, necessary amendments are required to be made to the rules of this Court." Thus, the Court also ordered the Registrar General to place the matter before the Rule Committee of the Court for considering the issue of amendments of the rules of the Court so that the identity of victims of sexual offences including minor victims under POCSO Act are not disclosed in the pleadings and other records of the Court.

7. Hanskhali Gangrape & Murder: Calcutta HC Issues Orders For Witness Protection At State Expense

Case Title: Shaista Afreen and Others v. The State of West Bengal and Others

Case Citation: 2022 LiveLaw (Cal) 132

The Calcutta High Court vide order dated April 20 has allowed for the filing of a witness protection application before the competent authority as specified under the Witness Protection Scheme, 2018 to protect the family members of the victim in the Hanskhali gangrape and murder case wherein a probe by the Central Bureau of Investigation (CBI) had been ordered into a week back. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj ordered, "Having regard to the nature of allegation which have been made in the application it is necessary to extend protection to the members of the family as also witnesses of the incident. Hence, we permit the filing of the witness protection application before the competent authority as specified in Witness Protection Scheme, 2018 and on receipt of such application the competent authority is directed to take a decision and pass appropriate order for witness protection, proportionate to the threat perception, in accordance with the Scheme, without any unnecessary delay." Opining that the State government should bear the expenses of the witness protection as may be directed by the competent authority, the Court ordered, "Considering the peculiar facts of the case we direct respondent State to bear the expenses of witness protection as may be directed by the competent authority."

Also Read: Hanskhali Gangrape & Murder: Calcutta High Court Reserves Order In Plea Seeking Implementation Of Witness Protection Scheme 2018

8. 'Powers Of Central Agency Wider': Calcutta HC Orders Transfer Of Probe Into Birbhum Explosions To NIA

Case Title: The State of West Bengal v. Union of India & Anr.

Case Citation: 2022 LiveLaw (Cal) 133 

The Calcutta High Court has recently ordered the transfer of investigation into explosions in Birbhum district to the National Investigation Agency (NIA) from the Crime Investigation Department (CID) of State of West Bengal by holding that the central agency has precedence in the investigation of scheduled offence. A Bench comprising Justice Joymalya Bagchi and Justice Bivas Pattanayak vacated an earlier stay by a Single Judge on the NIA probe and directed the CID to cooperate with NIA and to transfer all documents related to its probe into the 2019 explosion in two residential houses in Birbhum if required. The Court ordered, "..we are inclined to vary the interim order passed earlier and direct subject to the result of the petition and without prejudice to rights and contentions of the parties, investigation of the aforesaid case be transferred and conducted by N.I.A. State Agency is directed to cooperate with N.I.A. in that regard and if required to transfer all documents pertaining to its investigation to the Central Agency in accordance with law." Opining that the powers of the Central agency are much wider than the State agency, the Court remarked, "Furthermore, investigation by Central Agency, whose powers are much wider than the State Agency, would be more effective and enure to the ends of justice. Hence, balance of convenience also lies in favour of variation/vacating of the interim direction."

9. S.176 Contract Act | Court Should Not Be Used To Prevent Lender From Exercising His Rightful Legal Claim Against Borrower: Calcutta HC

Case Title: Manav Investment and Training Company Ltd v. DBS Bank India Ltd.

Case Citation: 2022 LiveLaw (Cal) 134

The Calcutta High Court has recently underscored that the Court should not be used to prevent a loan giver from exercising his rightful legal claim against the borrower. Justice Shekhar B. Saraf was adjudicating upon an interlocutory application seeking injunction against the respondent bank from giving any effect to letters dated 23rd February, 2022 vide which the bank had invoked the pledge and had expressed its intention as a pawnee to dispose of the security under Section 176 of the Indian Contract Act, 1872 (Act). The Court had earlier passed an order in favour of the petitioner by opining that the notices dated July 17, 2021 previously issued by the respondent bank did not adhere to the requirements laid down under Section 176 of the Act. The Court had averred that the notices did not provide the petitioner with a clear intent of sale as is required under Section 176 and had further held that the phrase 'right to sale mentioned in the notices was insufficient and did not convey an intention to sale. Opining that the petitioner cannot be allowed to nitpick on the notices being issued by the respondent bank, Justice Saraf underscored, "The undisputed fact in the present case is that the petitioners have failed to pay back the amounts due to the respondent bank and is now thwarting each and every step being taken by the bank to obtain its legitimate outstanding dues. In my view, the attempts being made by the petitioner by nitpicking on the notices being issued by the respondent bank is only a ploy to avoid the harsh reality that loans are required to be paid back. The resultant consequences of failure to pay will have to necessarily follow and this court should not be used, rather abused, to prevent the loan giver from exercising his rightful legal claims against the borrower. The balance of convenience and inconvenience is also in favour of the respondent bank, and accordingly, I do not find this to be a fit case to interfere in any manner whatsoever."

10. WB Post Poll Violence: Calcutta HC Directs State Gov To Decide Plea For Compensation Of Deceased BJP Worker Abhijit Sarkar Within 2 Months

Case Title: Anindya Sundar Das v. Union of India and other connected matters

Case Citation: 2022 LiveLaw (Cal) 135

The Calcutta High Court on Wednesday directed the State government to expeditiously decide an application for compensation moved by the family members of deceased BJP worker Abhijit Sarkar who was allegedly killed by TMC members during the violence that had allegedly taken place post the declaration of the West Bengal assembly elections in May 2021. The Court vide order dated August 19, 2021 had handed over to the CBI the investigation of cases related to murder, rape and crime against women whereas a SIT had been constituted to investigate other criminal cases related to post-poll violence. The parents of Sarkar had moved a plea before the Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj seeking compensation from the State as per the Court's earlier directions. The counsel appearing for the petitioner apprised the Court that a representation dated March 11, 2022 had been made before the Chief Secretary, Government of West Bengal and the Secretary, Department of Home and Hill Affairs regarding payment of compensation. However, it was averred that no response has been received on such a representation. Accordingly, the Court directed the State government to take a decision on such an application seeking compensation as expeditiously as possible preferably within a period of 2 months.

11. WB Post Poll Violence: Calcutta High Court Constitutes 3-Member Committee To Address Complaints Of Alleged Victims

Case Title: Priyanka Tibrewal v. State of West Bengal and Ors

Case Citation: 2022 LiveLaw (Cal) 136

The Calcutta High Court on Wednesday constituted a three member committee to conduct an enquiry into the allegation that over 303 victims have been displaced due to the post-poll violence in West Bengal that had allegedly taken place post the declaration of the West Bengal assembly elections in May 2021. The Court vide order dated August 19, 2021 had handed over to the Central Bureau of Investigation (CBI) the investigation of cases related to murder, rape and crime against women whereas a Special Investigation Team (SIT) had been constituted to investigate other criminal cases related to post-poll violence. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajrashi Bharadwaj was adjudicating upon a Public Interest Litigation (PIL) petition by petitioner Priyanka Tibrewal wherein it had been submitted that over 303 victims had been displaced due to the alleged violence and had been subsequently prevented from returning to their respective houses and workplaces. On Wednesday, pursuant to the rival submissions, the Court constituted a three member committee comprising of the following persons, (i) a member/ nominee of the National Human Rights Commission; (ii) a member/ nominee of State Human Rights Commission; and (iii) Member Secretary, State Legal Services Authority. The Court further directed the Committee to ensure that appropriate opportunity of hearing is given to the State government before it reaches to any conclusion. The Committee was further instructed to address the complaints of the alleged victims and conduct an enquiry into their right to return to their houses and workplaces.

12. Calcutta High Court Directs IPS Officer Damayanti Sen To Oversee Probe In Namkhana Rape Case Of WB

Case Title: Pallabi Chatterjee and Ors v. State of West Bengal and other connected matters

Case Citation: 2022 LiveLaw (Cal) 137

The Calcutta High Court on Friday asked IPS officer Damayanti Sen to oversee the probe in the Namkhana rape case wherein a 40-year-old woman was reportedly gang-raped on April 8 by five men in West Bengal's Namkhana village and an attempt had also been made to pour kerosene inside the victim's private parts and set her ablaze. A Bench comprising Chief Justice Prakasha Shrivastava and Justice Rajarshi Bharadwaj on Friday took on record the status report as well as the case diary pertaining to the investigation into the rape case. Pursuant to the perusal of the case diary and also the status report, the Court directed, "Having examined the case diary and considering the report in the form of the affidavit and also taking note of the allegations made and progress of investigation, we deem it proper that investigation in this case be carried out under the supervision of Damyanti Sen, Special Commissioner of Police." The Court however observed that in case the IPS officer has any difficulty in supervising the investigation, she will be at liberty to intimate the same to the Court on the next date of hearing. The Court also directed the State government to submit a further status report on the next date of hearing which is slated to take place on May 2.

13. 'Local Influential Person Involved': Calcutta High Court Directs IPS Officer Parul Kush Jain To Oversee Probe Into Pingla Rape Case Of WB

Case Title: Pallabi Chatterjee and Ors v. State of West Bengal and other connected matters.

Case Citation: 2022 LiveLaw (Cal) 138

The Calcutta High Court on Friday directed IPS officer Parul Kush Jain to oversee the probe in the Pingla rape case wherein an alleged attempt to rape was made on a differently-abled woman by a local panchayat member said to have affiliation to the Trinamool Congress at Pingla in West Midnapore district on April 11. The IPS officer is currently posted as the Inspector General of Police (IGP) of the Traffic department of West Bengal. The direction was issued while adjudicating upon a Public Interest Litigation (PIL) petition seeking a CBI probe into 5 recent rape cases that are reported in various districts of West Bengal this month. Incidents of rape have been reported to have taken place at Netra and Namkhana villages in South 24 Parganas district, at Pingla in West Midnapore district, at a village near Santiniketan in Birbhum district and at Mainaguri of Jalpaiguri district in West Bengal in the last few weeks. A Bench comprising Chief Justice Prakasha Shrivastava and Justice Rajarshi Bharadwaj on Friday took on record the status report as well as the case diary pertaining to the investigation into the rape case. Pursuant to the perusal of the case diary and the status report, the Court observed that the considering the nature of allegations made, the investigation into the rape case should be supervised by a senior lady police officer. Furthermore, the Chief Justice during the proceedings also orally remarked, "We feel that a local influential person is involved" while underscoring the need for the investigation to be overseen by a senior IPS officer. 

14. Calcutta High Court Dismisses PIL Praying To Print Netaji Subhas Chandra Bose's Image On Indian Currency

Case Title: Haren Bagchi Biswas alias Harendranath Biswas v. Union of India

Case Citation: 2022 LiveLaw (Cal) 139

The Calcutta High Court recently dismissed a Public Interest Litigation (PIL) plea seeking directions to print images of Netaji Subhash Chandra Bose on Indian currency notes. The plea had been moved by 94-year-old freedom fighter, one Haren Bagchi Biswas. The bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj took into account the decision of the Madras High Court in the case K.K. Ramesh v. Union of India and Ors., wherein, finding no fault in Central Government and RBI's decision to retain only the image of Mahatma Gandhi and of no other personality in the currency notes, the High Court recently had dismissed a plea challenging Centre's rejection of a representation for printing the image of Nethaji Subash Chandra Bose on currency notes. "This Court is not underestimating the fight and the sacrifice made by Nethaji Subash Chandra Bose and other great leaders for freedom moment of this Country. There are many known heroes and unsung heroes. If everybody starts making such a claim there will not be an end", a Bench comprising Justices N. Kirubakaran and M. Duraiswamy of the Madras High Court had observed. Having regard to the above, the Court came to an opinion that no case for issuing the direction as prayed for in the present case was made out. The writ petition was accordingly dismissed.

15. If Original Agreement Contains Arbitration Clause, Subsequent Agreement Extending Just Validity Need Not To Have A Separate Arbitration Clause: Calcutta High Court

Case Title: Sukumar Ray v. M/s Indo-Industrial Services and Ors. A.P No. 70 of 2022

Case Citation: 2022 LiveLaw (Cal) 140

The High Court of Calcutta has held that a subsequent agreement entered into between the parties need not contain a separate arbitration clause if it is made only to extend the validity of the original agreement that contained an arbitration clause. The Single Bench of Justice Shekhar B. Saraf has held that if the new agreement provides for a specific reference to the terms of the earlier agreement and does not contain any clause other than the extension of the validity of the original agreement then there is no requirement to have an arbitration clause in the new agreement. The Court further held that the arbitration clause contained in the original agreement would not come to an end due to efflux of time merely because the subsequent agreement does not have an arbitration clause.

Important Developments 

1. PIL Seeking CBI Probe Into Murder Of TMC Councillor Anupam Dutta: Calcutta HC Seeks State Gov's Response

Case Title: Anindya Sundar Das v. State of West Bengal and Ors

The Calcutta High Court on Monday sought the State government's response in a Public Interest Litigation (PIL) petition filed seeking a probe by the Central Bureau of Investigation (CBI) into the murder of Panihati Trinamool Congress (TMC) councillor Anupam Dutta. According to reports, Councillor Anupam Dutta was shot dead on March 12 when he had gone to take stock of work on a park in his area. CCTV footage of the area shows Dutta riding pillion on a two-wheeler when he was shot at point-blank rage. The assailant was seen wearing a blue and white striped T-shirt besides a mask. In a separate incident on the same day, in Purulia district, four-time Congress councillor of Jhalda municipality, Tapan Kundu, was shot dead by unidentified motorcycle-borne persons when he went for a walk near his residence. The High Court had subsequently ordered a CBI probe into the incident by opining that there is a need for instilling faith of the public at large. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj was apprised by the counsel appearing for the petitioner that a CBI probe in necessary into the brutal murder of councillor Anupam Dutta. The Bench was further informed that a Single Judge Bench had already ordered a CBI probe into the death of former Congress councillor of Jhalda Municipality in Purulia, Tapan Kandu. Pursuant to the submissions by the concerned counsel, the Bench ordered the State government to obtain instructions in the matter within a period of 1 week and listed the matter for further hearing on May 2.

2. Cooch Bihar Firing: Calcutta High Court Seeks Response From State, Centre On Pleas By Victims' Kin Seeking Compensation

Case Title: Aminuddin Khan v. Union of India and other connected matters

The Calcutta High Court sought response from the State government as well as the Union of India in a batch of petitions filed by the legal heirs of those who died due to the alleged firing by CISF personnel on April 10, 2021, at Sitalkuchi in Cooch Behar district during the West Bengal Assembly polls. The petitions alleged that the incident was a result of police firing in the course of electioneering. As a result, an independent probe into the matter had been sought. Consequently, the investigation had been transferred to West Bengal's Criminal Investigation Department (CID). A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj was apprised that the family members of the victims have filed petitions pertaining to the incident seeking various reliefs including compensation from the State. The Court dismissed the PILs as non-maintainable on account of the fact that the legal heirs of the victims had already filed petitions before the Court seeking relief. Taking cognisance of the grievance raised, the Court directed the State government as well as the Union of India to file their affidavits-in-opposition within a period of 4 weeks. Any reply by the petitioners were ordered to be filed within 1 week thereafter. The matter is slated for further hearing on June 13.

3. PIL For CBI Probe In 5 Recent Rape Cases In WB: Calcutta HC Calls For Case Diary & Status Report, Extends Police Protection To Victims & Witnesses

Case Title: Pallabi Chatterjee and Ors v. State of West Bengal

The Calcutta High Court on Tuesday directed the State government to submit the case diary along with a status report pertaining to the investigation into the 5 recent rape cases that are reported in various districts of West Bengal this month. Incidents of rape have been reported to have taken place at Netra and Namkhana villages in South 24 Parganas district, at Pingla in West Midnapore district, at a village near Santiniketan in Birbhum district and at Mainaguri of Jalpaiguri district in West Bengal in the last few weeks. The direction was issued by the Court while adjudicating upon a Public Interest Litigation (PIL) petition filed by women advocates of the High Court seeking a probe by the CBI or any other independent agency into the rape cases. A Bench comprising Chief Justice Prakasha Shrivastava and Justice Rajarshi Bharadwaj on Tuesday noted that most of the rape cases involved minors. Considering the nature of the incidents and the allegations levelled, Bench directed Advocate General S.N Mookherjee appearing on behalf of the State government to produce a report relating to the status of the investigation and also the case diary on the next date of hearing. The Court also ordered the competent authorities to extend full protection to the victims and the witnesses in the rape cases in the meantime.

Also Read: PILs Filed Before Calcutta High Court Seeking CBI Probe Into 5 Rape Cases Reported This Month In West Bengal

4. WB Post Poll Violence: Calcutta HC Asks NHRC & WBHRC If It Can Constitute Committee To Address Complaints Of Alleged Victims

Case Title: Priyanka Tibrewal v. State of West Bengal and Ors

The Calcutta High Court on Tuesday directed the National Human Rights Commission (NHRC) and the West Bengal Human Rights Commission (WBHRC) to obtain instructions as to whether they are in a position to conduct an enquiry into the allegation that close to 303 victims have been displaced due to the post-poll violence in West Bengal and have been obstructed from returning to their houses and workplaces. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajrashi Bharadwaj was adjudicating upon a prayer put forward by petitioner Priyanka Tibrewal to constitute a committee of two Members, one from the NHRC and the State Human Rights Commission to address the complaints of 303 alleged victims of post-poll violence. On Tuesday, the Court directed the counsels appearing for the NHRC and the WBHRC to make their stand clear on the next date of hearing as to whether they are in a position to form the aforementioned Committee and conduct and enquiry into the allegations.

5. Anis Khan Death: Calcutta HC Takes On Record 82 Page SIT Report, Orders Father Of Deceased To Tender Apology For Disparaging Remarks Made Against Court

Case Title: Salem Khan v. State of West Bengal and Ors.

The Calcutta High Court on Tuesday took on record the report filed by the Special Investigation Team (SIT) pertaining to the investigation into the death of student activist Anis Khan. Anish Khan was found dead at his home in Amta block in Howrah district in the early hours of Saturday, February 19, 2022 under mysterious circumstances. Justice Rajasekhar Mantha took on record the detailed 82-page report filed by the State government indicating the steps taken by the SIT towards the investigation. Upon perusal of the report, the Court noted that the investigation into the case is nearing completion. The Court further directed Advocate General S.N Mookherjee to serve a copy of the SIT report to senior counsel Bikash Ranjan Bhattacharya appearing on behalf of the petitioner. It was however underscored that confidentiality of the report must be maintained in order to ensure that the ongoing investigation is not jeopardised in any manner. "Let a copy of such report be made available to Mr. Bikash Ranjan Bhattacharya, learned senior counsel appearing for the writ petitioner. The confidentiality of the report must continue to be maintained as discussed in the Court in the presence of all counsels. Let the report be resealed and retained in the records of this Court", the order read. Pertinently, the Court took cognisance of certain disparaging remarks that were reportedly made by the petitioner (father of the deceased) against the Court which were subsequently circulated in social media. The petitioner had reportedly remarked that Justice Mantha had not conducted a hearing of the case yesterday due to political pressure from the Chief Minister. Accordingly, Justice Mantha indicated that he was inclined to release the matter. However, the Advocate General as well as senior counsel Bikash Ranjan Bhattacharya prayed before the judge to not recuse from hearing the case. "Mr. Bhattacharya has accepted the directions of this Court that an apology should be forthcoming on affidavit from his client. Let such affidavit be filed before this Court on the adjourned date", the Court ordered.

6. WB Post Poll Violence: Calcutta High Court Seeks State's Response On Plea Seeking Compensation For Alleged Victims

Case Title: Anindya Sundar Das v. Union of India and other connected matters

The Calcutta High Court on Wednesday took on record the latest status report filed by the Special Investigation Team (SIT) and the Central Bureau of Investigation (CBI) pertaining to the progress of the investigation with regards to cases of violence that had allegedly taken place post the declaration of the West Bengal assembly elections in May 2021. The Court vide order dated August 19, 2021 had handed over to the CBI the investigation of cases related to murder, rape and crime against women whereas a SIT had been constituted to investigate other criminal cases related to post-poll violence. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj also sought the State government's response on a plea seeking issuance of directions to the State government to formulate a policy for granting compensation to the victims of post poll violence so that such victims can be given compensation in a time bound manner. The Court also took on record the fifth status report filed by the CBI. The Court was apprised by the counsel appearing for the CBI that as on April 16, 58 cases have been registered and out of the 58 cases, 47 of them have been received from the NHRC. The counsel for the SIT also handed over the latest status report to the Court and further averred that as on April 18, 35 cases have been received from the CBI for investigation. The Court was also apprised that in 31 cases chargesheets have been filed, in 1 case closure report has been filed and that 1 case is under investigation. The Court accordingly directed both the CBI and the SIT to file further status reports on the next date of hearing.

7. Essential To Protect Witness Identity: Calcutta High Court Tells State In PIL Over 4 Rape Cases

Case Title: Sumitra Bhattacharyya v. State of West Bengal and other connected matters

The Calcutta High Court on Wednesday took on record the status report filed by the State government pertaining to the investigation into each of the rape cases in Deganga, Matia, Ingrejbazar and Banshdroni in West Bengal. A Division Bench comprising Chief Justice Prakash Srivastava and Justice Rajarshi Bharadwaj had earlier asked IPS officer Damayanti Sen to oversee the probe in the rape cases. The Bench had observed that considering the nature of the incidents and the allegations made, a responsible senior lady police officer should be appointed to supervise the investigation. On Wednesday, after perusal of the status report, the Bench noted that the investigation is being carried out under Sen's supervision, as per the earlier directions of the Court. The Court further instructed the Advocate General to supply a copy of the status report to the petitioner after redacting the names of the witnesses, family members and victims within a period of 2 days. The Court underscored that it is essential to protect the identity of the witnesses. The petitioner was further ordered to file a reply to the status report within a week thereafter.

8. Supreme Court Collegium Approves Proposal For Appointing Five Additional Judges Of Calcutta High Court As Permanent Judges

The Supreme Court Collegium has approved the proposal for appointing five Additional Judges of Calcutta High Court as Permanent Judges of the Court. Following are the Judges whose proposal for appointment has been approved: 1. Ms. Justice Kesang Doma Bhutia, 2. Shri Justice Rabindranath Samanta, 3. Shri Justice Sugato Majumdar, 4. Shri Justice Bivas Pattanayak, and 5. Shri Justice Ananda Kumar Mukherjee.