Calcutta High Court Weekly Round-Up January 01 To January 07, 2024

The Calcutta High Court has come to the aid of a CISF Constable who had been prematurely retired by the Senior Commandant of his unit/DIG for refusing transfers to locations away from Kolkata, with leave of the High Court, to stay with his daughter who has special needs.

In allowing the petitioner to place his case before the Review Board for reconsideration of his order of premature retirement, a single bench of Justice Raja Basu Chowdhury held:

I permit the petitioner to make a representation before the review committee. In the event the review succeeds then all consequential terminal benefits be made available to the petitioner by treating the petitioner to be in notional service till the date of normal superannuation. Needless to note that the aforesaid direction is being passed in the peculiar facts of the case. The above decision must be taken by the review committee within a period of six weeks from the date of making the representation along with the communication of this order, having due regard to the orders passed by the coordinate bench of this Hon'ble Court, and the special situation encountered by the petitioner on account of his specially abled child.

Calcutta High Court Lays Down Guidelines For Suvendu Adhikari's Visit To Pay Homage To Martyrs Of The '2011 Netai Massacre'

Citation: 2023 LiveLaw (Cal) 8

Case: Tufan Mahata Versus The State of West Bengal & Ors.

The Calcutta High Court has laid down guidelines for Leader of Opposition Suvendu Adhikari's visit to Netai village in order to pay homage to those who lost their lives in the 2011 Netai massacre.

The Court issued these guidelines in a plea seeking directions on the State authorities to allow the LOP and his associates to visit the village and to garland the Shahid Bedi on 7th January 2024.

A single bench of Justice Jay Sengupta held:

The petitioner and the Leader of Opposition, along with the security personnel only, shall be entitled to visit the place for garlanding at the Shahid Bedi and paying homage to the victims on that date between 5 PM and 6 PM. The Administration shall make adequate arrangements by deputing armed personnel so that no untoward incident can take place. It is clarified that taking into consideration the gravity of the occasion, on either dates none of the parties would make it a political issue or indulge in slogan shouting or give political speeches or commit other similar acts.

Calcutta High Court Imposes 10K Costs On Man Who Claimed His Wife Had Gone Missing After 'Dumping' Her & Their Child At Her Parents' House

Citation: 2023 LiveLaw (Cal) 9

Case: Bapan Mondal -versus The State of West Bengal & Ors.

The Calcutta High Court has imposed a cost of Rs 10,000 on a man who claimed that his wife had gone missing and was having an illicit affair after himself 'dumping her' and their minor child at his in-laws' house.

A single bench of Justice Jay Sengupta held:

The categorical stand taken by the petitioner in the writ petition and before the police authorities about going missing of his wife is in direct contradiction with the information that is being provided today. The difference becomes more stark when read in the light of the report filed by the State. The petitioner cannot feign ignorance about the actual facts and yet, try to set criminal law in motion with a distorted version. The petitioner is not coming with clean hands. This Court finds no merit in this application. Accordingly, the writ petition is dismissed with a cost of Rs.10,000/-

Calcutta High Court Declines Swiss Citizen's Plea Against Adoption Agency Which Failed To Preserve His Adoption Records From 1988

Citation: 2023 LiveLaw (Cal) 10

Case: Fabian Ricklin, alias Ranabir Vs. State of West Bengal & Ors.

The Calcutta High Court has dismissed a writ petition by a Swiss citizen, who was adopted in the year 1988, against the Specialised Adoption Agency through which he was given for adoption.

Petitioner argued that after coming of age, he began a 'search for his roots' and wanted to retrace his pre-adoptive links, but due to the failure of the respondent authorities to preserve its records

In dismissing his plea upon holding that the petitioner did not have any penal action or claim for damages against the respondent authorities, a single bench of Justice Sabyasachi Bhattacharya held:

In the absence of any strict legal obligation on the adoption agency to retain such surrender deed, particularly for so long, no penal action or direction can be passed against the respondent no. 5 with regard to the admitted absence of the document with it. Hence, the petitioner does not have a remedy either in damages or in penal action against the Specialised Adoption Agency insofar as the non-preservation of the surrender deed is concerned. Hence, the remedy sought in the present writ petition cannot be granted, particularly in view of the delay of almost two decades by the petitioner to come up with the present search after attaining majority.

EOU Procuring Excise Duty Tea From Manufacturer Entitled For Drawback: Calcutta High Court

Case Title: M/s. Narendra Tea Company Private Limited Vs Union of India & Ors.

Citation: 2023 LiveLaw (Cal) 11

The Calcutta High Court has held that 100% Export Oriented Unit (EOU) which has procured bulk tea from the manufacturer and excise duty is entitled to avail the benefit of drawback.

The bench of Justice Md. Nizamuddin has observed that the petitioner has procured excise duty-paid tea in respect of the subject shipping bills. The sample invoices and shipping bills clearly show duty was paid on procurement by the petitioner. Under such circumstances, there could be no reason to deny a drawback to the petitioner, which is an EOU.

OTHER DEVELOPMENTS

'Corruption Hanging Like An Albatross Around Recruitment': CBI Tells Calcutta High Court On Tampering Of OMR Sheets In Cash For Jobs Scam

Case: Soumen Nandy v State of West Bengal

Case No: WPA 9979/2022

The Calcutta High Court on Tuesday recorded reports filed by the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) notifying the Court of the progress of their investigation into the multi-tier cash for jobs/recruitment scam in West Bengal.

Earlier, a single bench of Justice Amrita Sinha had directed the agencies to submit their reports upon noting that the ED had questioned AITC MP Abhishek Banerjee and his associates in connection with their involvement with one Leaps & Bounds Pvt Ltd, a firm which was allegedly used to embezzle funds generated from the recruitment scam.

On the present occasion, DSG Billwadal Bhattacharya appeared and submitted the CBI's report, while DSG Dhiraj Trivedi submitted the report on behalf of the ED.

"Corruption is hanging like an albatross around the process of recruitment. This is shocking.

Calcutta High Court Seeks MHA Report On Plea Challenging 'Illegal' Recruitment Of Foreign Nationals As Sea-Farers On Indian Flag-Carrier Ships

Case: SUBIR ROYCHOWDHURY v UNION OF INDIA AND ORS.

Case No: WPA(P)/611/2023

The Calcutta High Court today heard a plea based on a whistleblower's complaint, seeking a National Investigation Agency (NIA) probe into the alleged engagement of 'Pakistani & Iranian Nationals' as sea-farers on Indian Flag-carrying ships.

Counsel for the petitioner submitted that service had not been effected on the respondents and that the petitioners did not wish to serve the respondents till the matter had been taken up by the Court & investigated by the NIA as an offense under the Unlawful Activities Prevention Act (UAPA) to avoid tampering of evidence given the peculiar facts of the case.

Upon hearing the plea, a division bench of Chief Justice TS Sivagnanam and Justice Supratim Bhattacharya called for a report on the issue by the Ministry of Home Affairs (MHA) and held:

"Based on the peculiar circumstances of the case, the petitioner has not served the respondent to avoid tampering of evidence. An RTI made by the petitioner before the DG Shipping has revealed that the recruitment companies are authorised to recruit Indian seafarers only. The petitioner has access to material proving that these agencies are recruiting non-Indians on ships that come into Indian waters. This according to the petitioner poses a serious national security risk. Before we issue notice, we direct the MHA to file a report in a sealed cover and place before court on the next hearing date."

Senior Advocate Kishore Datta Appointed As Advocate General Of West Bengal

The West Bengal government appointed Senior Advocate Kishore Datta as Advocate General (AG) for the State. The appointment was confirmed by the Governor's office on 16th December 2023.

This followed the resignation of Sr Advocate SN Mookherjee, who held the post of AG from 2021 and resigned on November 10, 2023, citing personal reasons.

This marks a second stint as AG for Datta who had previously held the post from 2017-2021, before resigning himself.

Calcutta High Court Calls For Report By SSKM Hospital In Plea Alleging Its Use As 'Shelter' By Recruitment Scam Accused To Stall ED Probe

Case: Sri Rama Prasad Sarkar v State of West Bengal

Case No: WPA (P) 622/2023

The Calcutta High Court has called for a report from the Director of IPGMER & SSKM Hospital, detailing the health condition, duration of admission, and the facilities availed by high-profile accused in the Recruitment Scam including Sujoy Krishna Bhadra, who was alleged to have been admitted to the hospital for months on end in order to stall the Enforcement Directorate (ED) investigation.

In refusing to form an opinion without hearing the Advocate General, a division bench of CJ TS Sivagnanam and Justice Supratim Bhattacharya held:

Admittedly, the SSKM hospital and IPGMER cater to all people regardless of their status. If these allegations are true, it is a very serious matter. The court cannot embark on an evaluation exercise of the accused lodged in the hospital. The treating doctors must make an honest assessment. We direct the director of the IPGMER at SSKM hospital to file a report on the facilities and how long they have been availed by the patients as well as a brief note on their health condition.

The Calcutta High Court has directed the State's Transport Department and police authorities to conduct inspections on all buses entering the city's Central Business District (CBD) in the Esplanade-Central Bus Terminus Area, to check for alleged repeated violations of permit conditions.

These observations came in a plea alleging that pursuant to an earlier order of the Court, the State had come up with Regulations restricting the movement of buses in the CBD, and had stopped issuing permits for plying altogether after 2004.

In holding that merely fining the buses that were plying unauthorisedly would not serve any purpose, and that their permits would need to be suspended altogether, a division bench of Chief Justice TS Sivagnanam and Justice Supratim Bhattacharya held:

"It appears that the transport dept has not been effective in the matter, which has been taken advantage of by the persons who ply the buses unauthorisedly. Therefore the transport dept is directed to form a team of officers and conduct a thorough check of all the vehicles plying through the area for valid permits. If not available, the vehicle be detained. If the fine had been paid earlier and still they are violating, then permits should be suspended before a show-cause notice is issued prior to cancellation. Unless strict action is taken by the dept, this illegality cannot be prevented. In order to assist, the police shall provide adequate assistance."

Cash For Jobs Scam | Plea In Calcutta High Court Against Accused Sujoy Krishna Bhadra For Stalling ED Probe By Getting Admitted To Hospital

The Calcutta High Court on Tuesday heard a plea mentioned by an advocate against Recruitment scam accused Sujoy Krishna Bhadra alias 'Kalighater Kaku.'

The plea filed as a public interest litigation was mentioned before a division bench of Chief Justice TS Sivagananam and Justice Supratim Bhattacharya.

It was argued that Bhadra had allegedly booked out a block for himself at SSKM hospital in Kolkata, where he would repeatedly get admitted in order to avoid the ongoing Enforcement Directorate ("ED") investigation against him.

"There is great urgency, because Bhadra, a recruitment scam accused is unnecessarily and deliberately keeping one block admitted in the SSKM hospital. This is stalling the ED investigation," it was submitted.