Calcutta High Court Judge Recuses From Sujit Bose's Bail Plea After Counsel Tried To Access Case Record With Her Secretary's Help

The Calcutta High Court has recused itself from hearing a bail application filed by former West Bengal minster Sujit Bose after the Judge alleged that one of the counsel appearing for Bose, along with the Judge's private secretary, attempted to access the case record from the Judge's chamber after the matter had been reserved for judgment.

The matter concerns an application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

The matter was reserved for judgment on August 17, 2026.

In an order dated August 19, the Judge recorded that on August 18, while the Judge was in the courtroom, "one of the learned counsels for the petitioner" along with the Judge's private secretary allegedly went to the chamber and asked the staff present outside the chamber to bring out the record of the matter.

According to the order, the staff refused to produce the record. The counsel and the private secretary allegedly thereafter attempted to enter the chamber and insisted on seeing the record, which was again resisted by the staff.

The Judge took serious exception to the incident, observing that such conduct was "seriously deprecated", particularly since it "smells of an oblique motive".

"In view of such deliberate attempt made by them, this Court finds it appropriate to release the matter," the Judge observed, before recusing from the matter.

The order records that the alleged attempt took place after the matter had already been reserved for judgment.

The bail plea is being contested by the Enforcement Directorate. Senior Advocate Saybasachi Banerjee appeared for the petitioner, while Additional Solicitor General S.V. Raju and Additional Solicitor General Dhiraj Trivedi, along with Senior Advocate Zoheb Hussain and other counsel, appeared for the ED.

The Court's decision to release the matter from its consideration means that the bail application will have to be placed before another Bench in accordance with the roster and administrative directions of the High Court.

The order does not adjudicate the merits of Bose's bail plea.

The Judge's observations were made in the context of the alleged attempt to access the judicial record from the chamber while the matter was awaiting judgment.