Calcutta High Court Weekly Digest January 15- January 21, 2024

NOMINAL INDEXMahuya Chakraborty Vs. The State of West Bengal and others 2023 LiveLaw (Cal) 14Saran Gopal Krishnan Vs Narcotics Control Bureau, Kolkata 2023 LiveLaw (Cal) 15Professor Syed Haider Hassan Kazimi and others v The State of West Bengal and another 2023 LiveLaw (Cal) 16Kalighat Bahumukhi Seva Samiti Versus The State of West Bengal and others 2023 LiveLaw (Cal) 17Suvendu Adhikari v State of WB 2023 LiveLaw (Cal) 18Oberoi Building & Investment (P) Limited verses CIT and Another 2023 LiveLaw (Cal) 19NAZIA ELAHI KHAN VS STATE OF WEST BENGAL AND ANR 2023 LiveLaw (Cal) 20Professor Bidyut Chakraborty Versus The State of West Bengal & Anr. 2023 LiveLaw (Cal) 21Champa Impex Private Limited Versus Union Of India And Others 2023 LiveLaw (Cal) 22Right To Live With Dignity Under Article 21 Cannot Be Deprived Merely Due To Conviction: Calcutta High CourtCitation: 2023 LiveLaw (Cal) 14 Case: Mahuya Chakraborty Vs. The State of West Bengal and othersThe Calcutta High Court has recently held that the right of a person under Article 21 to live a life of dignity cannot be deprived merely because he was convicted.A single-bench of Justice Sabyasachi Bhattacharya directed the Sentence Review Board (SSRB) to reconsider the plea for premature release of the convict filed by his wife (petitioner) and held:"The right of the petitioner under Article 21 to live a life of dignity cannot be deprived merely because the petitioner was convicted. The life behind bars has already been undergone by the petitioner for a considerable period. There cannot be any double punishment on the petitioner by refusing the petitioner an opportunity to reintegrate in mainstream society even if the petitioner is otherwise eligible."NDPS Act | Calcutta High Court Upholds Arrest Warrant Against UAE Resident Who Facilitated Delivery Of MDMA, LSD Through 'Dark Web'Citation: 2023 LiveLaw (Cal) 15Case: Saran Gopal Krishnan Vs Narcotics Control Bureau, Kolkata.The Calcutta High Court has recently upheld warrants of arrest and proclamation & attachment issued in an NDPS case against the petitioner, who hailed from Kerala but was residing in the UAE for employment. Petitioner was alleged to have caused the delivery of MDMA and LSD blots to his associates in Calcutta, through co-accused over the dark web in 2017.A single-bench of Justice Shampa Dutt (Paul) dismissed the petitioner's revision plea, and held:Petitioner [caused] delivery of MDMA, LSD from one of his darkweb vendor of drugs available at Nashik and the vendor at Nashik further shipped the consignment to Calcutta through DTDC Courier service. Another accused confessed that on the directions of the petitioner, he shipped drugs to Kolkata. He further stated that he and the petitioner used to communicate through encrypted chat of darkweb, and petitioner used to send money through “BITCOIN.” In such circumstances, the Court will have to consider the gravity of the offences and role played by the Accused. Any indulgence shown in such cases considering the conduct, would clearly amount to an abuse of process of law.Merely Being A Member Of Haj Committee Doesn't Confer Knowledge In Shia Islamic Theology: Calcutta HC Quashes Appointment To WB Waqf BoardCitation: 2023 LiveLaw (Cal) 16 Case: Professor Syed Haider Hassan Kazimi and others v The State of West Bengal and anotherThe Calcutta High Court has quashed an order passed by the Secretary, Government of West Bengal, Minority Affairs, and Madrasah Education Department for the nomination of the respondent as a member of the Waqf Board upon finding that the respondent was not suitably qualified to occupy the post. A single bench of Justice Sabyasachi Bhattacharya also directed the State to undertake a fresh nomination process for the selection of another member to fill up the vacant post in conformity with the Wakf Act, 1995. It held: Not a single sentence discloses how respondent no. 2 qualifies as a recognized scholar from any perspective, let alone adverting to such scholasticism in Islamic Theology. Merely being the member of a Haj Committee appointed by the State or the nazir or mutawalli of a waqf estate does not, in any manner whatsoever, confer any proficiency on a person within the contemplation of scholasticism or scholarship in Shia Islamic theology, although it may indicate that the person is favoured by or is close to the State administration.Calcutta High Court Allows Live Broadcast Of Ram Mandir Inauguration, Performance Of 'Puja Archana,' 'Arati' & 'Kirtan' In South Kolkata ParkCitation: 2023 LiveLaw (Cal) 17 Case: Kalighat Bahumukhi Seva Samiti Versus The State of West Bengal and othersThe Calcutta High Court has allowed a plea moved by the Kalighat Bahumukhi Seva Samiti to hold a live telecast of the inauguration of the Ram Mandir in Ayodhya and to perform puja by constructing a temporary stage at Deshpran Sasmal Park, Kolkata on 22nd January.A single bench of Justice Jay Sengupta held:It appears that at least the venue of the...

Calcutta High Court Weekly Digest January 15- January 21, 2024

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