Calcutta High Court Weekly Round-Up: May 2 To May 8, 2022

Nominal Index 

Ideal Unique Realtors Private Limited & Anr. versus Union of India & Ors 2022 LiveLaw (Cal) 153

Pallabi Chatterjee and Ors v. State of West Bengal and other connected matters 2022 LiveLaw (Cal) 154

Dipok Dinda v. State of West Bengal and Ors 2022 LiveLaw (Cal) 155

Future Market Networks Limited versus Laxmi Pat Surana & Anr 2022 LiveLaw (Cal) 156

In Re : State of West Bengal vs. Md. Younus @ Bilal & Ors 2022 LiveLaw (Cal) 157

Sekh Jamir and Others v. Central Bureau of Investigation and Others 2022 LiveLaw (Cal) 158

Pallabi Chatterjee and Ors v. State of West Bengal and other connected matters 2022 LiveLaw (Cal) 159

Amrita Pandey v. The Union of India and others 2022 LiveLaw (Cal) 160

Kader Khan v. State of West Bengal 2022 LiveLaw (Cal) 161

Dr. Kunal Saha v. University of Calcutta & Anr 2022 LiveLaw (Cal) 162

Orders/Judgments 

1. Spot Memos Issued By Audit Department Unenforceable, Since Earlier Proceedings On Same Issue Not Completed: Calcutta High Court

Case Title: Ideal Unique Realtors Private Limited & Anr. versus Union of India & Ors.

Case Citation: 2022 LiveLaw (Cal) 153

The Calcutta High Court has quashed the spot memos issued to the assessee by the audit department and ruled them unenforceable since earlier proceedings initiated by the revenue department on the same issue were not completed. The Bench, consisting of Justices T. S. Sivagnanam and Hiranmay Bhattacharyya, observed that different wings of the same department had been issuing notices and summons to the assessee without taking any of the earlier proceedings to a logical end. The appellant/ assessee Ideal Unique Realtors Private Limited filed an appeal before the Calcutta High Court challenging the jurisdiction of the Sr. Audit Officer in issuing a "spot memo" against the appellants. The appellants submitted before the High Court that the Director General of Goods and Services Tax, DGGI, Kolkata had issued summons to the appellants for which the appellants had submitted their reply. Thereafter, the DGGI had issued two more notices on the same issue. The appellants added that in response to the summons, the appellants had appeared before the authority and had submitted the requisite documents. The appellants contended that in spite of the same, the revenue officials had issued spot memos to the appellants on the same issue.

2. Calcutta High Court Orders DLSA & SALSA To Process Compensation Within 2 Weeks For Victims, Kin In 5 Recent Rape Cases

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

Case Citation: 2022 LiveLaw (Cal) 154

The Calcutta High Court directed the District Legal Services Authority (DLSA) and the State Legal Services Authority (SALSA) to expeditiously decide a representation seeking compensation for the victims and their family members pertaining to the 5 recent rape cases that have been reported in various districts of West Bengal last month. The counsel appearing for the petitioner apprised a Bench comprising Chief Justice Prakasha Shrivastava and Justice Rajarshi Bharadwaj that a communication had been sent to the District Legal Services Authority (DLSA) and the State Legal Services Authority (SALSA) seeking compensation for the victims and their kin under the Witness Protection Scheme, 2018. Accordingly, the Court directed the authorities to take action on the representation as expeditiously as possible preferably within a period of 2 weeks. The Court also took on record the status report indicating the progress of the investigation into the cases as also the case diary.

3. 'Comprehensive Examination Required': Calcutta HC Appoints Amicus Curiae To Deal With Petitions On Illegal Encroachment Of Water Bodies In State

Case Title: Dipok Dinda v. State of West Bengal and Ors

Case Citation: 2022 LiveLaw (Cal) 155

The Calcutta High Court appointed an Amicus Curiae to deal with petitions pertaining to illegal encroachment of water bodies in the State. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj observed that several petitions are being filed before the Court alleging that water bodies in the State are being illegally filed up. Opining that a comprehensive examination is required, the Court remarked, "We find that several such petitions are filed before this Court with the allegation that the water bodies in the State either belonging to the government or to the private persons are being illegally filled up. Therefore, a comprehensive examination of the issue is required." Accordingly, the Court directed advocate Anindya Lahiri to act as an Amicus Curiae and assist the Court in examining the issue. The Court was adjudicating upon a Public Interest Litigation (PIL) alleging that the property situated at the District of Purba Medinipur, Block – Panskura-II, Mouza – Bangalur, J.L. no.317, Khatian no.1 and Dag no.17, which is a government property and a water body classified as Khal, is being illegally filled up by some unknown persons by encroaching upon the same.

4. Post-Award Interest Is Not Advisory But A Mandate Of The A&C Act: Calcutta High Court

Case Title: Future Market Networks Limited versus Laxmi Pat Surana & Anr

Case Citation: 2022 LiveLaw (Cal) 156

The Calcutta High Court has ruled that award of future or post-award interest is not advisory but a mandate of the Arbitration and Conciliation Act, 1996 (A&C Act) and it should be given its due weightage. The Single Bench of Justice Moushumi Bhattacharya reiterated that post award interest is a safeguard against delayed payment of the amount awarded to the award holder. An arbitral award was passed in the arbitral proceedings between the parties. The respondent no. 1/ award holder Laxmi Pat Surana filed a petition for execution of the award. The petitioner/award debtor filed an application before the Calcutta High Court for seeking a stay of the arbitral award under Section 36 of the A&C Act. The High Court ruled that as per the law laid down in Hyder Consulting (UK) (2014), the word "sum" means award plus interest taken as an indivisible whole in respect of Section 31(7)(a) of the A&C Act for grant of pre-award interest. The Court added that the same interpretation can be stretched to cover Section 31(7)(b) for post-award interest. The Court held that award of future/post-award interest is not advisory but a mandate of the A&C Act and is to be given its due weightage. The Court reiterated that it is a safeguard against delayed payment of the amount awarded to the award-holder.

5. LeT Terrorist On Death Row To Argue Appeal In Person: Calcutta HC Orders To Shift Him To Presidency Jail, Extends Police Protection, Appoints Amicus

Case Title: In Re : State of West Bengal vs. Md. Younus @ Bilal & Ors

Case Citation: 2022 LiveLaw (Cal) 157

A Lashkar-e-Taiba (LeT) terrorist was produced before the Calcutta High Court on Tuesday from Tihar Correctional Home in New Delhi as he has expressed his desire to argue in person his appeal against the order of conviction and death sentence imposed upon him. A Bench comprising Justice Bivas Pattanayak and Justice Joymalya Bagchi conducted a hearing on a vacation day considering the urgency of the matter. The convict, one Sk. Abdul Nayeem, was produced before the Bench under proper escort from the Tihar Correctional Home. He prayed before the Bench to supply him with copies of material exhibits in order to enable him to prepare his arguments in appeal. In order to enable the convict to effectively argue his appeal, the Court ordered that he should be kept in Presidency Correctional Home in Kolkata during the hearing of the appeal. "In order to enable the said convict to effectively argue his appeal before this court, we consider it imperative that the said convict be kept in a correctional home in Kolkata during the hearing of the appeal. Director General, West Bengal Correctional Services and Director General of Police, West Bengal is directed to make appropriate arrangements so that the said convict may be handed over to the custody of the Superintendent, Presidency Correctional Home, Kolkata by the police personnel who have escorted the said convict from Delhi", the Court ordered.

6. WB Post Poll Violence| Calcutta HC Allows CBI To Commence Investigation Afresh After Filing Of Chargesheet By State Police For Same Offence

Case Title: Sekh Jamir and Others v. Central Bureau of Investigation and Others

Case Citation: 2022 LiveLaw (Cal) 158

The Calcutta High Court upheld a Single Judge order allowing the Central Bureau of Investigation (CBI) to take up investigation afresh in respect of a case pertaining to the West Bengal post poll violence even after the charge sheet had already been filed by the State police for the same offence and the case had already been committed for trial. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj was adjudicating upon an appeal preferred against an order of a Single Judge dated March 21, 2022 wherein it had been held that interference under Article 226 of the Constitution is not warranted especially when an alternative effective remedy is available to the appellant under Section 482 of CrPC. Pursuant to the submissions of the parties, the Bench observed that the appellants are not entitled to any relief as they have not approached the writ court with 'clean hands' as they had not filed the last page of the chargesheet wherein the concerned Magistrate had given permission to conduct further investigation under Section 173(8) of CrPC. Accordingly, the appeal was dismissed by observing, "The view which is taken by the learned Single Judge is duly supported by the above judgments of the Hon'ble Supreme Court. Since, alternative efficacious remedy under Section 482 of the Cr.P.C. is available which the appellants may avail in accordance with law, therefore, we are not examining the issue on merit which has been argued before this Court by referring to several judgments."

7. Calcutta High Court Directs IPS Officer Amit P. Javalgi To Supervise Probe Into Moynaguri Sexual Assault Case

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

Case Citation: 2022 LiveLaw (Cal) 159

The Calcutta High Court vide order dated May 4, 2022 has directed IPS officer Amit P. Javalgi to oversee the investigation into the case of death by suicide by a class eight girl at Moynaguri, West Bengal following the commission of the offence of attempt to rape upon her. The minor victim girl who had set herself ablaze following a threat to withdraw a police complaint regarding the rape attempt on her, succumbed to her injuries in a state-run hospital on April 25. Consequently, a renewed prayer for a CBI probe had been made by the concerned petitioner. A Bench comprising Chief Justice Prakasha Shrivastava and Justice Rajarshi Bharadwaj directed, "Having regard to the chain of events, which are reflected above as also the nature of allegations which have been made and the circumstances of the case, we are of the opinion that presently the investigation needs to be carried out under the supervision of Shri Amit P Javalgi, IPS, DIG, Jalpaiguri Range. Hence we direct accordingly." It may be noted that back in June 2017, IPS officer Amit P. Javalgi had been removed from his post of Superintendent of Police, Darjeeling following the protest against Chief Minister Mamata Banerjee by Gorkha Janmukti Morcha (GJM) cadres and the resultant violence that led to the resurrection of demand for Gorkhaland. The Bench further extended police protection to the family members of the deceased victim and other witnesses of the case and underscored that the Director General & Inspector General of Police, West Bengal will be made responsible to ensure that no threat is extended to them.

8. Calcutta High Court Orders Videographed Post Mortem Of Dead BJP Worker In Presence Of CJM, Grants Police Protection To Kin

Case Title: Amrita Pandey v. The Union of India and others

Case Citation: 2022 LiveLaw (Cal) 160

The Calcutta High Court on Friday directed that the post mortem examination of deceased BJP worker Arjun Chowrasia should be conducted at the Command Hospital, Kolkata by a team of experts and in the presence of Chief Judicial Magistrate, South 24-Parganas. Videography of the post-mortem examination was also ordered to be conducted. According to reports, the deceased, identified as Arjun Chowrasia, was found hanging inside a building in North Kolkata's Ghosh Bagan area. He was a functionary of the BJP Yuva Morcha. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj was adjudicating upon a Public Interest Litigation (PIL) petition seeking judicial intervention into the incident of unnatural death on allegations of foul play. "Having regard to the circumstances which have been disclosed before us, we are of the opinion that the post- mortem of the body of deceased Arjun Chaurasia should be done at the Command Hospital which is stated to be only 5-6 kilometers away from R.G. Kar Medical College and Hospital", the Court ordered. Directing the Head of the Command Hospital to constitute a team of experts for conducting the post mortem examination, the Court underscored further, "The Head of the Command Hospital will constitute a team of experts for the purpose of the said post-mortem and at the time of post-mortem, expert from AIIMS, Kalyani as also the Head of the Department of Forensic Science, R.G. Kar Medical College and Hospital can remain present. The CJM, South 24-Parganas will also remain present at the time of the post-mortem. The videography of the post-mortem will be done." Granting police protection to the kin of the deceased, the Court ordered, "The Commissioner of Police, Kolkata is also directed to ensure that proper police protection is provided to the family members of the deceased."

9. 'Archaic Law': Calcutta HC Recommends Amendments To CrPC To Allow Trial In Absentia Of An Absconding Accused To Secure Rights Of Sexual Abuse Victims

Case Title: Kader Khan v. State of West Bengal

Case Citation: 2022 LiveLaw (Cal) 161

The Calcutta High Court has recommended that appropriate amendments be made to the Code of Criminal Procedure (CrPC) for incorporating provisions for trial in absentia of an absconding accused for better administration of justice and to prevent the loss of valuable evidence due to death of a witness. It set aside, as per the existing law, a lower court order that allowed deposition of a gang rape victim recorded during the trial of three other accused in the same case to be used against two absconding accused, who were arrested later. A Bench comprising Justice Joymalya Bagchi and Justice Bivas Pattanayak observed. "Taking note of the pernicious impact of abscondence on speedy justice and rights of victims, this Court proposes that appropriate amendments be made to the Code of Criminal Procedure for incorporating provision for trial in absentia of an absconding accused for better administration of criminal justice." The directions were issued on a petition by Kader Khan, an accused in the infamous Park Street gangrape case of 2012, that challenged the trial court order allowing the prosecution to use deposition of the victim, who died in March 2015, against him during the trial. He had absconded following the incident and was arrested in September 2016. "No Court has jurisdiction to transfer evidence recorded in an earlier trial after its completion as evidence against an accused who had not been put up for trial in the earlier case even if both the trials are in respect of the self-same charge. This is against the fundamental principle of criminal jurisprudence that each criminal case has to be tried on the basis of evidence led in the said case and not by reference to evidence in other cases. Trial Court erred in law to hold such jurisdictional error was a curable irregularity and ought to be condoned under Section 465 Cr.P.C. in the interest of justice", the Court held further.

10. HC Dismisses Plea Against Calcutta University For Awarding Honorary Degree To Doctor Against Whom Scathing Criticism Was Made By Supreme Court

Case Title: Dr. Kunal Saha v. University of Calcutta & Anr

Case Citation: 2022 LiveLaw (Cal) 162

The Calcutta High Court dismissed a writ petition against the University of Calcutta for awarding a D.Sc.honorary degree to a doctor against whom the Supreme Court had made scathing remarks for medical negligence and had held him to be primarily responsible for the death of the petitioner's wife. The petitioner had apprised a Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj that the University of Calcutta (respondent no.1) had committed a gross abuse of power by granting the concerned doctor one Dr. Sukumar Mukherjee (respondent no. 2) with a degree of Doctorate in Science (D.Sc.). Opining that the instant case does not warrant interference by a Constitutional Court, it was held, "It is further found that the selection of the respondent no. 2 by the respondent no. 1 has not undermined the sanctity or honour or dignity of the Hon'ble Supreme Court or violated Article 144 of the Constitution of India. The honorary degrees are awarded to achievers in their respective fields. This does not warrant the interference of the Constitutional Court. Thus, where the nature and subject matter of a decision is not amendable due to judicial process because the court is not competent to deal with the matter, the court should not intrude into such questions."

Important Developments 

1. Moynaguri Sexual Assault: PIL In Calcutta High Court Seeks CBI Probe After Minor Victim Sets Herself Ablaze Over Threat To Withdraw Complaint, Dies

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

A renewed prayer for a probe by the Central Bureau of Investigation (CBI) has been made before the Calcutta High Court on Monday with regards to an incident of attempted rape that took place at Moynaguri in West Bengal last month, in light of the fact that the minor victim had succumbed to her injuries. The minor victim girl who had set herself ablaze following a threat to withdraw a police complaint regarding the rape attempt on her, succumbed to her injuries in a state-run hospital on April 25. The Court was 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 last 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 last month. The concerned counsel appearing for the petitioner apprised a Bench comprising Chief Justice Prakasha Shrivastava and Justice Rajarshi Bharadwaj that the prime accused who is purported to be a member of the ruling Trinamool Congress Party had been granted bail in the case despite the offence being cognisable and non-bailable. Taking note of the submissions, the Bench directed the counsel appearing for the petitioner to file an affidavit containing the additional materials in support of her plea within the course of the day. Accordingly, the matter was directed to be listed for further hearing on the next working day i.e. on May 3.

2. Hanskhali Gangrape & Murder: Plea In Calcutta High Court Seeks Transfer Of Trial From Nadia To Kolkata, CBI Files Status Report

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

The Calcutta High Court took on record the latest status report filed by the Central Bureau of Investigation (CBI) pertaining to the Hanshkhali gangrape and murder case. According to reports, a 14-year-old girl belonging to the scheduled caste community died on April 5 after she was allegedly gangraped by the son of a panchayat member owing allegiance to the Trinamool Congress (TMC) and others in West Bengal's Nadia district. She was bleeding profusely when she returned home and died later that night, according to her parents who lodged a police complaint on April 10. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj took on record the progress report filed by the CBI indicating the steps undertaken in the investigation. The Court also perused the progress report and handed it back to the CBI. Furthermore, a plea has been filed before the Court by one Anindya Sundar Das seeking transfer of the criminal case from Nadia district court to Kolkata for the sake of a free and fair trial. The concerned counsel submitted that such a transfer of the case is required considering the fact that the accused persons had been enlarged on bail. To this, the Chief Justice orally remarked that the counsel should first indicate some material to show that a free and fair trial is not possible without transferring the case from Nadia to Kolkata. Accordingly, the Court directed the petitioner to supply legible copies of the petition to all concerned parties. Response to the plea was also ordered to be filed before the next date of hearing which is slated to take on May 20.

3. Two Accused In Birbhum Massacre Granted Bail In 'Improper Manner': Plea Alleges In Calcutta High Court, Record Sought

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) pertaining to the investigation 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 Court had earlier also transferred to the CBI the investigation the murder of local TMC leader Bhadu Sheikh that was followed by arson in Bogtui village, Rampurhat, Birbhum, that killed ten people, including two children. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj on Monday took on record the status report filed by the CBI which contained the steps undertaken pertaining to the investigation into the incident of arson and violence in Birbhum as well as the murder of TMC leader Bhadu Sheikh. Pertinently, an application was also filed before the Court alleging that two juvenile accused persons in the case had been granted bail in an improper manner and hence a prayer was made for the Court to take up the issue of cancellation for bail in exercise of its suo motu powers. Reliance was also placed on the Supreme Court judgment in R. Rathinam v. State in this regard. Pursuant to the submissions, the Court directed the petitioner to place on record the orders passed by the concerned Court granting bail as well as rejecting the application for cancellation of bail on the next date of hearing. The matter is slated to be heard next on May 10.

4. WB Election Commission Moves Supreme Court Against HC Order For Forensic Audit Of CCTV Cameras By CFSL For Contai Municipality Polls

Case Title: Mousumi Roy v. West Bengal State Election Commission and other connected matters

The Calcutta High Court was informed by the State Election Commission that a Special Leave Petition (SLP) has been filed before the Supreme Court against the order of the Court directing the Central Forensic Science Laboratory (CFSL), New Delhi to conduct a forensic audit of the CCTV cameras that were used during the recently concluded Contai Municipality elections. The High Court vide order dated April 26 had observed that notwithstanding the constitutional bar under Article 243-ZG (b) of the Constitution of India, such a direction is required in the 'larger public interest' and to uphold democratic principles. "..we are of the opinion that not only to ascertain the compliance of earlier orders of this Court but in the larger public interest and to uphold democratic principles, it is necessary to get forensic audit of CCTV footage of Contai Municipal Election done", the Court had underscored. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj on Monday while adjudicating upon connected matters was informed by the counsel appearing for the State Election Commission that a SLP has been filed against the earlier order of the Bench directing for a forensic audit by CFSL, Delhi. Accordingly, an adjournment was sought. Taking into consideration the prayer sought, the Court adjourned the hearing of the connected matters to June 14 after taking into consideration that the Supreme Court is set to hear the SLP shortly. 

5. Calcutta HC Seeks State Gov's Response In PIL Seeking NIA Probe Into Crude Bomb Blasts In WB's Malda District Which Injured 5 School Children

Case Title: Arijit Majumdar v. State of West Bengal

The Calcutta High Court sought response from the State government in a Public Interest Litigation (PIL) petition seeking a probe by the National Investigation Agency (NIA) into the incident of crude bomb blast in West Bengal's Malda district last month. Five school children were reportedly injured after the crude bombs they were playing with, mistaking those for balls, exploded in Kaliachak's Gopalnagar village close to the India-Bangladesh border last month. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj was apprised by the counsel for the petitioner that the five school children have been critically injured in the incident. It was further averred that the incident falls within the category of a 'scheduled offence' under the National Investigation Agency Act, 2008 and thus a probe by the NIA was also sought. Taking cognisance of the grievance raised, the Court directed the State government to file an affidavit-in-opposition pertaining to the plea within a period of 2 weeks. The matter is slated to be heard next on July 12.

6. WB Heatwaves: PIL Filed In Calcutta High Court Against State's Decision To Prolong School Summer Vacations

A Public Interest Litigation (PIL) has been filed before the Calcutta High Court against the decision of the West Bengal government to declare a 45-day summer vacation for schools from May 2 to June 15 in view of the prevailing heatwave conditions. West Bengal Chief Minister Mamata Banerjee had last month recommended all educational institutions across West Bengal to take an early summer break. She had asked senior officials to communicate to schools that they should start the summer vacation from May 2. The appeal was extended to private institutions as well. Following the Chief Minister's advice, the West Bengal school education department on April 27 issued a letter to the West Bengal Board of Secondary Education (WBBSE) and the West Bengal Board of Primary Education (WBBPE), advising them to declare summer vacation from May 2 to June 15 in view of the prevailing heatwave condition in the state. The PIL filed by Bengal Primary Teachers' Association claimed that the long summer break will affect the school-going habit of students who had suffered a setback during two years of the COVID-19 pandemic when in-person classes could not be held adding that both the teachers and guardians are worried over the decision. The matter was mentioned before a Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj on Wednesday. The counsel urged the Bench to list the matter for hearing on Thursday and further submitted that the decision of the State government had been taken without paying adherence to any weather forecasts. The Chief Justice orally remarked, "Give your mentioning slip, mention your urgency, we will consider".

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

A Public Interest Litigation petition has been filed in the Calcutta High Court on Thursday 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). According to reports, a 14-year-old girl belonging to the scheduled caste community died on April 5 after she was allegedly gangraped by the son of a panchayat member owing allegiance to the Trinamool Congress (TMC) and others in West Bengal's Nadia district. She was bleeding profusely when she returned home and died later that night, according to her parents who lodged a police complaint on April 10. 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 grant of compensation to the tune of Rs 1 crore to the victim's kin. The matter was mentioned before a Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj on Thursday and an early hearing of the petition was prayed for. The Chief Justice orally remarked that the Court would duly consider the prayer.

8. PIL Filed In Calcutta High Court Seeking Joint Probe By CBI & ED Into Alleged Irregularities In TET 2014

A Public Interest Litigation (PIL) petition had been filed in the Calcutta High Court on Wednesday seeking a joint probe by the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) into the alleged irregularities in the 2014 Teacher Eligibility Test (TET) in West Bengal. TET 2014 was conducted on October 11, 2015, with over 2.3 million candidates. Several TET 2014 candidates had approached the High Court in 2019, alleging discrepancy in the recruitment process. Thereafter, the Court had cancelled the entire selection process after hearing the matter. The PIL filed by petitioner Tapas Ghosh through advocate Tarunjyoti Tiwari alleged that eligible candidates had not been selected in the examination and that only candidates who had paid money to the members of the ruling party had been recommended for section by the concerned authority. "Time to time this Hon'ble High Court passed different orders exposing the irregularities but the Department did not cause any proper investigation. The Board did not publish any transparent merit list of candidates with sole intention to cover the cloud of corruption", the plea further avers. The plea further alleged that state education minister Bratya Basu in a public meeting had stated that only members if the ruling TMC party will get jobs and accordingly he had handed out more than 300 jobs to only selectively recommended candidates.

9. 'Larger Issue': Calcutta HC Directs WB Electricity Distribution Company To File Report On Street Lighting Facilities In Villages To Curb Rape Incidents

Case Title: Sumitra Bhattacharyya (Neogi) v. The State of West Bengal & Ors

The Calcutta High Court directed the West Bengal State Electricity Distribution Company (WBSEDCL) to file a report in respect of providing street light connections in the streets of villages in West Bengal in order to curb incidents of rape and molestation. A Bench comprising Chief Justice Prakash Srivastava and Justice Rajarshi Bharadwaj was adjudicating upon a Public Interest Litigation (PIL) pertaining to the recent rape cases in Deganga, Matia, Ingrejbazar and Banshdroni in West Bengal. The Court 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. The Bench on Monday took on record a report filed by the WBSEDCL on providing street light connections in the streets of the villages in West Bengal, however the Bench recorded that the report only pertaining to the district of Malda. "The report in the form of affidavit by the respondent no.4 has also been placed on record in respect of providing street light connections in the streets of the villages which is stated to be one of the causes for increasing incidents of molestation and rape. The report only relates to Malda", the Court recorded in the order. The counsel for WBSEDCL further apprised the Court that street lights are provided in the villages as per the demand made by the local bodies and on payment of the requisite amount by them. Opining that inadequate street lighting in the villages is a 'larger issue', the Court directed the counsel for WBSEDCL to file a general report in this regard with respect to the entire State. "He is directed to file general report covering the entire State because it is a larger issue", the Court ordered.

10. 'Serious Prejudice To Safety Of Passengers': PIL In Calcutta High Court Against Public Buses Plying Without Valid Registration, Fitness Certificate

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

A Public Interest Litigation (PIL) petition has been filed in the Calcutta High Court seeking directions to ensure that State-owned public transport buses are not allowed to operate in the State without proper documentation such as certificate of registration, certificate of fitness, insurance policy and others. The PIL filed by petitioner Anindya Sundar Das also made reference to a recent incident wherein after a bus owned by the South Bengal State Transport Corporation met a disastrous fate on May 2 at Kanaidanga crossing in Memari on the NH-19 highway. The speeding bus fell into a ditch after hitting the railing of a bridge injuring seven passengers. The bus bearing registration number WB – 39B/4590 was plying on Karunamoyee (Kolkata) – Asansol route. Opining that serious prejudice has been caused to the life and safety of the passengers, the plea further stipulated, "..the respondent no. 2 being a State Transport Undertaking is under statutory obligation to operate vehicle without all valid documents by securing the safety of the passengers in the vehicle. The petitioner states that the respondent no.2 during the course of operation of the vehicle WB – 39B/4590 having operated the said vehicle without any valid documents had caused serious prejudice to the life and safety of the passengers". The petitioner further sought directions to ensure that such State-owned public transport buses display in the Board of the respective vehicles documents such as certificate of registration, certificate of fitness, insurance policies including the driving license of the driver to secure the safety of passengers.