Calcutta High Court Weekly Round Up: June 6 To June 12, 2022

Nominal Index  [Citations 225-234]

State of West Bengal v. Purnima Kandu 2022 LiveLaw (Cal) 225

Goutam Saren v. Union of India & Ors 2022 LiveLaw (Cal) 226

Anup Gupta v. State of West Bengal and others  2022 LiveLaw (Cal) 227

Protima Dutta v. The State of West Bengal & Ors 2022 LiveLaw (Cal) 228

Soumen Nandy v. The State of West Bengal & Ors 2022 LiveLaw (Cal) 229

Mousumi Narayan (Nee Pal) v. The State of West Bengal & Ors 2022 LiveLaw (Cal) 230

Usthi United Primary Teachers Welfare Association & Anr v. The State of West Bengal & Ors 2022 LiveLaw (Cal) 231

Central Bureau of Investigation (Special Case No.04/99) v. Ms. S.R.Ramamani & Ors 2022 LiveLaw (Cal) 232

Suvendu Adhikari v. Abhishek Banerjee 2022 LiveLaw (Cal) 233

Nipika Agarwal Proprietress of S.N. Trading Versus Assistant Commissioner of State Tax 2022 LiveLaw (Cal) 234

Orders/Judgments 

1. Calcutta HC Upholds Single Judge Order For CBI Probe Into Congress Councillor Tapan Kandu's Murder

Case Title: State of West Bengal v. Purnima Kandu

Case Citation: 2022 LiveLaw (Cal) 225

The Calcutta High Court on Monday upheld the order of a Single Judge bench for a CBI probe into the death of former Congress councillor of Jhalda Municipality in Purulia, Tapan Kandu who was reportedly shot dead by miscreants on March 13. A Division Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj noted that the counsel appearing for the CBI has pointed out that the CBI has already taken over the investigation and substantial progress in the investigation has been done. Opining that no case of interference is made out, the Court observed, "In view of the circumstances noted above, we do not find any error in the order of the learned Single Judge and no case of interference is made out. We make it clear that any observation made by the learned Single Judge in the order under challenge or by this Court in this order are only tentative for the purpose of deciding the present issue and they will not prejudice the trial in any manner."

2. Sordid State Of Affairs': Calcutta HC Raps CAT For Delay In Case Disposal, Orders Conduct Of Day To Day Hearing To Dispose Matter In 2 Weeks

Case Title: Goutam Saren v. Union of India & Ors

Case Citation: 2022 LiveLaw (Cal) 226

The Calcutta High Court came down heavily on the Central Administrative Tribunal for failing to dispose of a matter within a month despite its earlier order, by labelling it to be a 'sordid state of affairs'. A Bench comprising Justice Shampa Dutt (Paul) and Justice Harish Tandon underscored, "It is the sordid state of affairs that despite all requests having been made to the officers manning the tribunal to dispose of the matter within a month from the date of the communication of this order, no substantial progress could be seen therefrom." Opining that the time limit set forth is mandatory, the Court further observed, "The time limit set forth hereinabove, is peremptory and mandatory. If necessary, the tribunal shall fix the date on day to day basis in order to adhere to the time fixed by this Court in the impugned order."

3. Teacher Recruitment Scam: Calcutta High Court Orders Removal Of Illegally Appointed Asst. Maths Teacher From Govt School

Case Title: Anup Gupta v. State of West Bengal and others

Case Citation: 2022 LiveLaw (Cal) 227

The Calcutta High Court while adjudicating upon a plea alleging illegal appointment of assistant teachers for Class 9 and Class 10 in State-run schools, directed West Bengal Board of Secondary Education to set aside the appointment of a mathematics teacher. In the instant case, one Siddique Gazi was working as a mathematics teacher at Soluadanga High School in Murshidabad since February 2021. Justice Rajasekhar Mantha took on record the report filed by Ashok Kumar Saha, Assistant Secretary, West Bengal Central School Service Commission wherein the Commission had admitted that the appointment of Gazi as Assistant Teacher in the subject of Mathematics in OBC for Class IX & X under the State Level Selection Test, 2016 has been a mistake. Directing the Board of Secondary Education to immediately cancel his appointment, the Court underscored, "In that view of the matter, appointment of Siddik Gazi as Assistant Teacher by the Board of Secondary Education shall stand quashed and set aside. The Board shall take immediate consequential steps. An illegal appointment cannot confer any right on an appointee." The Court stated that it will consider on June 8 whether the said appointment was obtained by fraud or other malpractice. It further directed that no arrears whatsoever in any form shall be paid to the illegal appointee in the meantime.

4. Pressure On WB Police To Shield Certain Persons: High Court Orders CBI To Probe TMC Leader Tapan Dutta's Murder

Case Title: Protima Dutta v. The State of West Bengal & Ors

Case Citation: 2022 LiveLaw (Cal) 228

The Calcutta High Court  transferred to the Central Bureau of Investigation (CBI) the probe relating to murder of Trinamool Congress leader Tapan Dutta. The CID West Bengal which was probing the case was directed to immediately handover the investigation to the CBI. Dutta, then vice-president of Trinamool Congress' Bally Jagacha block unit in Howrah, was shot dead on May 6, 2011. The block unit was spearheading a movement to stop the filling up of 750-acre wetland, when Datta was killed.  Pursuant to the rival submissions, Justice Rajasekhar Mantha opined that the pressure on the State police to shield certain persons and their nefarious actions cannot be ruled out and accordingly observed, "This Court's mind is not free from doubt that the murder in question might have been the result of a rivalry and a conspiracy. The victim may have been obstructing huge monetary and/or political gain that some persons were after. Such persons are politically powerful and well connected. A fair and effective investigation may indeed open a can of worms, or expose any likely role of influential persons. The pressure on the State police and the investigation agencies to shield certain persons and their nefarious actions cannot therefore be ruled out. Change of the investigating and prosecuting agency in the instant case is also necessary to instil faith in the family of the victim and the public at large."

5. 'Serious Corrupt Practice': Calcutta HC Orders CBI Probe Into Primary Teacher Recruitment In State-Run Schools

Case Title: Soumen Nandy v. The State of West Bengal & Ors

Case Citation: 2022 LiveLaw (Cal) 229

The Calcutta High Court ordered a probe by the Central Bureau of Investigation (CBI) in a case related to primary teacher recruitment and directed the central agency to submit their report in a closed envelope on June 15. Justice Abhijit Gangopadhyay was apprised by the petitioner that former state minister and IPS officer Upendra Nath Biswas had named one Chandan Mondal of Bagda, North 24 Parganas for allegedly giving jobs of primary school teachers in lieu of money. Incidentally, Upendra Nath Biswas is a former additional director of the CBI. It was further alleged that Mondal is hands-in-glove with Ministers of the Education Department of Government of West Bengal. Ordering for a CBI probe, the Court underscored, "Serious allegation by one responsible person, who was none other than the Ex-Additional Director of CBI and a Cabinet Minister of the State Government in the first five years of the Government, has come before this court which is serious corrupt practice. I hold this aspect is to be thoroughly investigated by the CBI and such investigation is required to be started forthwith. The Police of this State is otherwise very efficient but controlled by some persons in power and cannot act freely which is common knowledge and without showing any disrespect to the Police authority I hold that CBI is the appropriate authority to investigate the matter."

6. Petitioner's Lawyer Threatened By Police Inspector: Calcutta High Court Transfers Investigation To West Bengal CID

Case Title: Mousumi Narayan (Nee Pal) v. The State of West Bengal & Ors

Case Citation: 2022 LiveLaw (Cal) 230

The Calcutta High Court on Wednesday transferred an investigation into a criminal case to the West Bengal CID after noting that the lawyer of the petitioner had been threatened by the concerned inspector of the local police station. Justice Bibek Chaudhuri directed the Deputy Inspector General of Police (DIG) of the West Bengal CID to appoint an Officer to investigate the case and accordingly observed, "Since the learned advocate for the petitioner was even threatened by the police inspector being the well wisher of the opposite parties, this Court is of the view that both Kasba Police Station Case No.254 of 2021 and Anandapur Police Station Case No.63 dated 5th April, 2022 ought to be investigated by a competent officer of C.I.D., West Bengal. Therefore, the Officers-in-charge of Kasba P.S. and Anandapur P.S. are directed to hand over the case diary of the above mentioned case to the Officer, CID for further investigation as appointed by the D.I.G., C.I.D." The Court thus ordered for a copy of this order to be sent to the D.I.G., C.I.D., Government of West Bengal at Bhawani Bhawan, Alipore.

7. 'Ensure No Breach Of Peace': Calcutta High Court Allows Primary Teachers' Welfare Association To Conduct Peaceful Protest Rally

Case Title: Usthi United Primary Teachers Welfare Association & Anr v. The State of West Bengal & Ors

Case Citation: 2022 LiveLaw (Cal) 231

The Calcutta High Court  allowed a Primary Teachers' Welfare Association to conduct a peaceful protest rally on June 11 from Raja Subodh Mullick Square Park to Rani Rashmoni Avenue in Kolkata. Justice Shampa Sarkar however imposed a host of conditions and further underscored that the police authorities shall be at liberty to ensure that no breach of peace takes place and law and order is maintained. The Court further noted that the police authorities have not objected to such a rally and that the petitioner wishes to have a peaceful rally with limited number of loudspeakers and vehicles.

8. ASG & Public Prosecutor To Be Empowered To Give Opinion On Filing Appeals: Calcutta HC Suggests Changes In CBI Circular To Curb 'Inordinate Delay'

Case Title: Central Bureau of Investigation (Special Case No.04/99) v. Ms. S.R.Ramamani & Ors

Case Citation: 2022 LiveLaw (Cal) 232

The Calcutta High Court vide order dated June 8, 2022, has suggested that the CBI issue a fresh circular empowering the Additional Solicitor General (ASG) and the Public Prosecutor to give their opinion to the Director of Prosecution on filing appeals challenging court orders, to cut down on delay. Justice Bibek Chaudhuri had expressed displeasure at the agency for filing appeals after the expiry of the limitation period. The Court had noted that the CBI officers were failing to comply with the CBI manual which stipulates detailed provisions to avoid delay and ensure filing of appeals and revisions within the limitation period. Accordingly, the Court had opined that the issue could not be decided without hearing the CBI Director and thus sought his virtual appearance. On Wednesday, Justice Chaudhuri reiterated his proposal when CBI Director-General S K Jaiswal was present via virtual mode during the hearing.

Reiterating the proposal to sought the opinion of the ASG and the Public Prosecutor on filing appeals challenging court orders, the Court observed, "The experience of this Court shows that the circular dated 4th March, 2020 is maintained only in papers. It is not being followed and till date the appeals are filed by the CBI against order of acquittal after expiry of the period of limitation. Thereafter, this Court further reiterates its proposal to be considered by the CBI in its administrative side to come up with a fresh circular to the fact that against an order of acquittal the zonal shall obtain a comments of the Public Prosecutor and the learned Assistant Solicitor General send the said comments directly to the Director of Prosecution for his consideration. The Director of Prosecution shall consider the opinion of the learned Assistant Solicitor General of the respective High Courts within seven days from the date of receipt of the opinion and finally shall take decision as to whether an appeal should be file or not."

Also Read: Delay In Filing Appeals: CBI-DG Assures Calcutta High Court Of Strict Compliance With Timelines, Disciplinary Action Against Erring Officials

9. High Court Transfers Abhishek Banerjee's Defamation Suit Against Suvendu Adhikari To Kolkata From Diamond Harbour

Case Title: Suvendu Adhikari v. Abhishek Banerjee

Case Citation: 2022 LiveLaw (Cal) 233

The Calcutta High Court ordered the transfer of a defamation suit filed by Trinamool Congress (TMC) national general secretary Abhishek Banerjee against BJP MLA and Leader of Opposition in West Bengal Assembly Suvendu Adhikari from a Court in Diamond Harbour, South 24-Parganas to a City Civil Court in Calcutta. Adhikari had moved an application under Section 24 of the Code of Civil Procedure (CPC) seeking transfer of the suit now pending in the court of Civil Judge (Junior Division), 2nd Court, Diamond Harbour, South 24-Parganas to the court of Chief Judge, City Civil Court, Calcutta. Justice Rabindranath Samanta observed, "Having heard learned counsels appearing for the parties and considering the balance of convenience and inconvenience of the respective parties, I feel that it would be wise to withdraw Title Suit No.19 of 2021 from the court of learned Civil Judge (Junior Division), 2nd Court, Diamond Harbour and transfer the suit to learned Chief Judge, City Civil Court, Calcutta." The concerned Chief Judge was also ordered to make all endeavour so that the suit is disposed of as expeditiously as possible.

10. Assessee Should Be Given Opportunity To Produce Evidence Which Has Impact On Tax Liability : Calcutta High Court

Case Title: Nipika Agarwal Proprietress of S.N. Trading Versus Assistant Commissioner of State Tax

Case Citation: 2022 LiveLaw (Cal) 234

The Calcutta High Court bench has held that assessees should be given the opportunity to produce evidence which has an impact on tax liability. The division bench of Justice Debangsu Basak and Justice Bibhas Ranjan De has observed that tax authorities must adjudicate upon the tax liability in accordance with the law. Similarly, if the assessee is unable to present certain evidence that affects the tax liability, the assessee should be given a reasonable opportunity to bring the evidence to the attention of the tax authorities.  "We are of the view that another opportunity should be granted to the appellant/writ petitioner to place the document dated August 25, 2021 before the revisional authority. The appellant/writ petitioner is at liberty to approach the revisional authority within a fortnight from this date with regard to the order of assessment dated May 3, 2021. If so approached, the revisional authority is requested to reconsider its order passed on refund, taking into account the document dated August 25, 2021 in accordance with law," the court said.

Important Developments 

1. Hanskhali Gangrape & Murder: Calcutta High Court Seeks State's Response In PIL Seeking ₹1 Crore Compensation For Victim's Kin

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

The Calcutta High Court on Monday sought response from the State government in a Public Interest Litigation petition seeking compensation to the tune of Rs 1 crore for the family members of the minor victim in the Hanshkhali gangrape and murder case which is currently being probed by the Central Bureau of Investigation (CBI). The PIL filed by petitioner Anindya Sundar Das alleged that no compensation has yet been provided by the State government to the family members of the deceased victim. Accordingly, the petitioner prayed for the issuance of directions to the West Bengal Legal Services Authority and the Nadia District Legal Services Authority to grant the compensation amount. The counsel appearing for the petitioner submitted before a Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj on Monday that the Court has the power to direct the grant of interim compensation to the family members of the deceased victim as per various rulings of the Supreme Court. Taking cognisance of the grievance raised, the Court directed the State government to file an affidavit-in-opposition within a period of 3 weeks. Furthermore, the petitioner was also ordered to file a reply to the State's affidavit-in-opposition before the next date of hearing which is slated to take place on June 28.

2. PIL Filed In Calcutta High Court Seeking CBI Probe Into Singer KK's Death

A Public Interest Litigation (PIL) has been filed before the Calcutta High Court seeking a probe by the Central Bureau of Investigation (CBI) into the death of singer-composer Krishnakumar Kunnath popularly known as KK, who passed away on Tuesday hours after performing in a concert at Kolkata. He was in the city for a two-day concert, and fell ill during an event at Nazrul Mancha. He is reported to have died of a suspected heart attack. The PIL filed through advocate Ravi Shankar Chattopadhyay was mentioned before a Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj on Monday seeking an urgent listing of the plea. The Division Bench directed the concerned counsel to file the PIL and further remarked that it would consider an urgent hearing of the petition. The petitioner has argued that there was utter mismanagement at Nazrul Manch and that negligence on part of the local administration was one of the reasons behind the chaos. Thus, the plea contended that a CBI probe is necessary.

3. Hanshkhali Gangrape & Murder: Victim's Kin Alleges Misconduct By Inspector-In-Charge Of Police Station

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

A plea has been raised before the Calcutta High Court on Monday on behalf of the parents of the deceased minor victim in the Hanshkhali gangrape and murder case, citing misconduct of concerned State police authorities. The Court had earlier ordered a probe by the CBI into the case. The counsel appearing for the petitioner submitted before a Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj that the parents of the victim are present in Court and that they have alleged misconduct by the concerned police authorities. The Court was further apprised that the parents are aggrieved by the actions of the Inspector-in-Charge and the second officer of the concerned police station. Taking cognisance of the matter, the Court permitted the counsel to place on record the grievances raised in the form of an affidavit before the next date of hearing which is slated to take place on June 13.

4. 'Parallel Enquiry': Plea Filed Against BJP Panel Probing Into Birbhum Massacre, Calcutta High Court Seeks Response From CBI & State

The Calcutta High Court sought response from the State government as well the Central Bureau of Investigation (CBI) in a plea against the constitution of a five-member fact-finding committee of the Bharatiya Janata Party (BJP) to probe into the violence in Birbhum district of West Bengal, in which ten persons were killed allegedly in retaliation to the murder of local All India Trinamool Congress (TMC) leader Bhadu Sheikh. The plea filed by petitioner one Preeti Kar contended that since the CBI is already enquiring into the incident, no 'parallel enquiry' by the fact finding committee of the BJP is required as it might delay the progress of the overall investigation. Taking cognisance of the grievance raised, a Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj directed the counsel for the petitioner to serve copies of the plea to all concerned counsels including the CBI within 2 days. Furthermore, the Court directed the CBI as well as the State government to obtain instructions in the matter before the next date of hearing which is slated to take place on June 13.

5. Birbhum Massacre | 'Chargesheet Likely To Be Filed Within 2 Weeks': CBI Informs Calcutta High Court, Submits Status Reports

Case Title: The Court on its own Motion In re: The Brutal Incident of Bogtui Village, Rampurhat, Birbhum

The Calcutta High Court took on record the second progress report filed by the Central Bureau of Investigation (CBI) with respect to the the violence in Birbhum district of West Bengal, in which ten persons were killed allegedly in retaliation to the murder of local All India Trinamool Congress (TMC) leader Bhadu Sheikh. The CBI also filed its first status report with respect to the investigation into the murder of TMC leader Bhadu Sheikh. The counsel appearing for the CBI apprised a Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj that substantial progress has been made in the investigation and that the chargesheet is likely to be filed within 2 weeks. Recording these submissions, the Court adjourned the hearing to June 13.

6. Calcutta High Court Seeks State's Response On PIL Against 'Biswa Bangla' Logo On Govt School Uniform

Case Title: Soumen Halder v. The State Of West Bengal & ors

The Calcutta High Court on Tuesday sought response from the State government in a Public Interest Litigation (PIL) petition against the decision of the West Bengal government to introduce blue-and-white coloured uniforms for students in all State-run schools which will also feature the 'Biswa Bangla' logo. According to a notification dated March 16 issued by the Paschim Banga Samagra Siksha Mission, students of all government, semi-government and government-aided schools in Bengal will have a common uniform in a blue and white colour scheme which will also feature the Bengal government's 'Biswa Bangla' logo. The PIL filed by petitioner one Soumen Halder seeks an interim stay of such a notification and further avers that encryption of logos in the uniforms of students is a 'political stunt' by the TMC-led government. Taking cognisance of the grievance raised, a Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj directed the State government to file an affidavit-in-opposition within 4 weeks. The petitioner was further ordered to file a reply to the affidavit-in-opposition within 2 weeks thereafter. Accordingly, the matter was listed for further hearing on August 1.

7. Pleas Challenging Speaker's Decision To Suspend Suvendu Adhikari & 4 BJP MLAs From WB Assembly Not Hurdle To Parties Resolving Issues: High Court

Case Title: Suvendu Adhikari and Ors v. Hon'ble Speaker, West Bengal Legislative Assembly

The Calcutta High Court observed that the pendency of the petition challenging the Speaker's decision to suspend Leader of the Opposition Suvendu Adhikari and four other BJP MLAs from the West Bengal Legislative Assembly would not stand in the way of the parties in resolving the issue. Five BJP MLAs, including Suvendu Adhikari, were suspended by the West Bengal Assembly Speaker on March 28 for their alleged unruly conduct in the House. Adhikari, along with BJP legislators Dipak Burman, Shankar Ghosh, Manoj Tigga and Narahari Mahato, were suspended by the Speaker for future sessions this year. Justice Rajasekhar Mantha underscored that the pendency of the plea would not stand in the way of the parties resolving the issue and accordingly observed, "Pendency of the writ petition and hearing of the matter shall not stand in the way of the parties in resolving the issues in accordance with rules."

8. Prophet Remark Row: Advocate Writes To Calcutta High Court CJ For Urgent Hearing Of PIL Seeking Deployment Of Central Forces In WB Over Violent Protests

Case Title: Pallabi Chatterjee v. State of West Bengal

A letter has been addressed to the Chief Justice of Calcutta High Court on Saturday seeking immediate constitution of a Bench to urgently adjudicate upon a Public Interest Litigation (PIL) seeking deployment of central forces in light of the ongoing protests in Howrah against remarks by BJP leaders against Prophet Mohammed. The letter written by advocate Susmita Saha Dutta avers that the law and order is at stake in West Bengal and that the lawlessness is beyond the control of the State administration. It further stipulates, "My Lord, hope Your Lordship will appreciate that law and order in the State of West Bengal is at stake and this lawlessness is beyond the control of the State administration; resultant the present disturbance which has now taken the shape of communal riot will spread like bonfire in the event this Hon'ble Court does not make judicial intervention at once". The PIL filed by petitioner Pallabi Chatterjee seek deployment of central paramilitary forces to tackle the alleged lawlessness that has taken the shape of communal riots. It has further sought for an investigation by the National Investigating Agency (NIA) to probe into the incidents of violence. The petitioner has further submitted that the police authorities are mute spectators and that such inaction on the part of police authorities are violative of the fundamental right to life enshrined under Article 21 of the Constitution.