Calcutta High Court Weekly Roundup: February 28 To March 6, 2022

Citations: 2022 LiveLaw (Cal) 59- 2022 LiveLaw (Cal) 70

Nominal Index

Swadhin Kumar Sarkar v. Chandana Sarkar and Ors 2022 LiveLaw (Cal) 59

Dipak Singha v. State of West Bengal 2022 LiveLaw (Cal) 60

Nasrin Khatun v. The State of West Bengal & Ors 2022 LiveLaw (Cal) 61

Ashok Kumar Sureka v. Assistant Commissioner State Tax, Durgapur Range, Government of West Bengal 2022 LiveLaw (Cal) 62

Zia Sharif Hussain @ Tushar Subash Roy 2022 LiveLaw (Cal) 63

Habibur Rahaman v. State of West Bengal 2022 LiveLaw (Cal) 64

Budhin Soren v. State of West Bengal 2022 LiveLaw (Cal) 65

 Sashi Jain @ Shashi Jain v. Sandip Sarka 2022 LiveLaw (Cal) 66

Saptaparna Ray v. District Magistrate and Collector, North 24 Parganas and others 2022 LiveLaw (Cal) 67

Latika Ghosh v. The Commercial Tax Officer/Assistant Commissioner, West Bengal Goods & Service Tax, Raiganj Charge & ors 2022 LiveLaw (Cal) 68

Setab Uddin & Ors v. The State of West Bengal & Ors 2022 LiveLaw (Cal) 69

Creative Museum Designers v. Income Tax Officer, Exemptions, Ward-1(1), Kolkata 2022 LiveLaw (Cal) 70

Orders/Judgments 

1. Long Pendency Of Election Petition Affects Smooth Functioning Of Legislature: Calcutta HC Dismisses BJP Candidate's Plea Over Delay In Filing Pleadings

Case Title: Swadhin Kumar Sarkar v. Chandana Sarkar and Ors

Case Citation: 2022 LiveLaw (Cal) 59

The Calcutta High Court dismissed an election petition of a BJP candidate after reprimanding him for his lackadaisical approach in handling the matter and further observing that it is essential that expeditious disposal of trial of election petitions take place for the smooth functioning of the legislature. Justice Amrita Sinha was adjudicating upon an election petition moved by a BJP candidate who had contested elections from 54-Baishnabnagar Assembly Constituency in the General Assembly Elections of West Bengal which took place in May 2021. Opining that the time period prescribed under Section 86(7) of the Representation of the People Act, 1951 (Act) is extremely essential for the purpose of conclusion of trial in an election petition, the Court underscored, "Time limit as prescribed in the Act is extremely essential for the purpose of conclusion of trial in an election petition, otherwise the returned candidate and the members of the constituency will remain in suspense with regard to their elected candidate and the smooth functioning of the legislature will suffer. Showing any leniency to the petitioner will be against the every object and purpose of expeditious disposal of trial of election petition. Spending any further time for trial of the present petition will amount to sheer wastage of valuable judicial hours which the Court ought not permit to do."

2. 'Penetration Even Of Slightest Degree Is Necessary To Establish Offence Of Rape': Calcutta HC Modifies Order Of Conviction To 'Attempt To Rape' In Case Concerning 11 Yr Old Girl

Case Title: Dipak Singha v. State of West Bengal

Case Citation: 2022 LiveLaw (Cal) 60

The Calcutta High Court has recently observed that penetration even of the slightest degree is necessary to establish the offence of rape and accordingly held that the appellant should be convicted for the offence of attempt to rape instead of the offence of rape. A Bench comprising Justices Bivas Pattanayak and Joymalya Bagchi was adjudicating upon a case wherein the appellant had been convicted for raping a victim girl aged around 11 years. The Division Bench observed that the evidence on record shows that no case of penetration has been deposed either by the victim or other witnesses and accordingly held, "It is settled law penetration even of the slightest degree is necessary to establish the offence of rape. An analysis of the evidence on record shows no case of penetration has been deposed either by the victim or other witnesses. Although absence of injuries or non-rupture of hymen is not a sine qua non to prove the offence of rape, in the factual matrix of the case where the victim herself states that the appellant attempted to rape her absence of injuries in her private parts corroborate the conclusion that the case was one of attempt to commit rape.Thus, the Bench modified the order of conviction by observing, "In the light of the aforesaid discussion, I convert the conviction of the appellant to one under Section 376(2)(f) read with Section 511 of the Indian Penal Code instead of 376(2)(f) of the Indian Penal Code."

3. SLST Recruitment Scam | Calcutta High Court Orders CBI Probe Into Alleged Illegal Appointment Of Asst. Teachers In WB

Case Title: Nasrin Khatun v. The State of West Bengal & Ors

Case Citation: 2022 LiveLaw (Cal) 61

The Calcutta High Court directed the Central Bureau of Investigation (CBI) to probe into the alleged illegal appointment of assistant teachers pertaining to the West Bengal State Level Selection Test (SLST) for Class 9 and Class 10 teachers. The Court had earlier ordered the cancellation of appointment of six assistant teachers in the Murshidabad district after noting that they had been illegally appointed pursuant to the illegal recommendation of the West Bengal School Service Commission (WBSSC). Justice Abhijit Gangopadhyay on Monday handed over the investigation into the matter to the CBI and directed that the probe should be conducted under the supervision of an officer not below the rank of a Joint Director and accordingly observed, "I direct the Director, Central Bureau of Investigation to constitute a committee, headed by an officer not below the rank of a Joint Director, with officers not below the rank of DIG to initiate the enquiry. It is expected that no person connected with the matter will be left out of this enquiry." Opining that the police authorities are controlled by the State machinery and that an independent agency is required to impartially probe into the allegations, the Court further noted, "It is not that, I do not have any confidence upon the Police of this State. But the Police is controlled by the State and in effect they are chained by orders from different quarters. Otherwise I have the belief that the Kolkata Police or the Police of the State is fully capable to inquire into the matter. Therefore, I am directing the CBI to hold this enquiry which has happened in this State, by statutory authority of this state, as an agency outside the control of this State."

4. Calcutta High Court Quashes Order Imposing Penalty For Expiry Of E-Way Bill As There Was No Intention To Evade Tax

Case Title: Ashok Kumar Sureka v. Assistant Commissioner State Tax, Durgapur Range, Government of West Bengal

Case Citation: 2022 LiveLaw (Cal) 62

The Calcutta High Court has quashed the order imposing penalty for expiry of e-way bill as there was no intention to evade tax. The single bench of Justice Md. Nizamuddin has set aside the impugned order of the appellate authority as well as the order of the adjudicating authority and consequently, the petitioner will be entitled to get the refund of the penalty and tax paid on protest subject to compliance of all legal formalities. The petitioner/assessee has challenged the impugned order of the appellate Commissioner confirming the original order passed by the adjudicating authority under section 129 of the West Bengal Goods and Services Act, 2017 for detention of the goods in question on the grounds that the e-way bill relating to the consignment in question had expired one day before, and that the goods was detained on the grounds that the e-way bill has expired which is even less than one day and extension could not be made.

5. 'Not Entitled To Relief U/Art. 226': Calcutta HC Refuses To Interfere With Show Cause Notice Issued By UIDAI Suspecting Petitioner's Citizenship

Case Title: Zia Sharif Hussain @ Tushar Subash Roy

Case Citation: 2022 LiveLaw (Cal) 63

The Calcutta High Court  refused to interfere in a dispute over the citizenship of a Hindu man, claiming to have converted his religion from Islam, by observing that no relief can be granted under Article 226 of the Constitution. The petitioner had challenged a show cause notice dated January 27, 2022 issued by the UIDAI stipulating that his Aadhar Card would be deactivated if he fails to provide any decision authenticating his citizenship or residence in India. Dismissing the plea, Justice Rajasekhar Mantha observed, "In the above circumstances, the petitioner is not entitled to any relief under Article 226 of the Constitution of India with regard to his Aadhar Card or its proposed de activation." Upon a perusal of the submissions, Justice Mantha noted that a statutory authority had found discrepancies in the petitioner's passport and accordingly remarked, "This Court notes that there is a finding by an authority constituted statute of discrepancies in the petitioner's passport based on which it has been revoked. There is also charge sheet filed against the petitioner under the appropriate penal laws referred to herein above."

6. If Evidence Of Official Witnesses Inspire Confidence, Lack Of Corroboration By Hostile Independent Witnesses Will Not Affect Prosecution Case: Calcutta HC

Case Title: Habibur Rahaman v. State of West Bengal

Case Citation: 2022 LiveLaw (Cal) 64 

The Calcutta High Court has recently observed that if the evidence of official witnesses inspire confidence then the absence of corroboration by independent witnesses who have turned hostile will not make a dent in the prosecution case. A Bench comprising Justice Bivas Pattanayak and Justice Joymalya Bagchi was adjudicating upon a case involving the seizure of fake currency notes. The Court underscored, "It is settled law if the evidence of the official witnesses are clear, convincing and inspire confidence, lack of support from the independent witnesses who have been won over and had turned hostile would not make a dent in the prosecution case. Hence, I am of the opinion, seizure of counterfeit notes suspected to be forged valued at Rs. 8 lakhs from the appellant and Rs. 2 lakh from the juvenile accused has been proved."

7. Poverty No Justification For Husband To Perpetrate Torture Upon Wife: Calcutta High Court Upholds Conviction For Abetment Of Suicide

Case Title: Budhin Soren v. State of West Bengal

Case Citation: 2022 LiveLaw (Cal) 65

The Calcutta High Court has recently observed that poverty even if acute cannot be a justification for a husband to perpetrate torture upon his wife thus compelling her to commit suicide. A Bench comprising Justice Bivas Pattanayak and Justice Joymalya Bagchi upheld the conviction of the husband for abetment of suicide by observing that the deceased wife named Bimali had been subjected to torture at her matrimonial home which had compelled her to commit suicide within six years of marriage. "Evidence on record shows a pitiable condition in the matrimonial home of Bimali where she was tortured for non-availability of food. Poverty, though acute, cannot be a justification for the husband to perpetrate torture upon his wife and compelling her to commit suicide", the Court underscored. Opining that the prosecution evidence in this regard is further strengthened by the statutory presumption under Section 113A of the Evidence Act, the Court remarked further, "It is, therefore, crystal clear that life of Bimali at her matrimonial home was a bed of thorns. Her husband, Shyamal inflicted inhumane torture upon her. Unable to bear such torture, she decided to take her own life. I am convinced the live link between torture meted out by Shyamal upon his wife and her ultimate act of self-extermination is clearly established. Ample evidence has come on record that the housewife was subjected to torture and was compelled to commit suicide within six years of marriage. Prosecution evidence in this regard is also fortified by the statutory presumption under Section 113A of the Evidence Act."

8. Agreement Of Sale Alters Landlord-Tenant Relationship, Parties Cannot Go Back & Seek Relief In Terms Of Such Old Relationship: Calcutta High Court

Case Title: Sashi Jain @ Shashi Jain v. Sandip Sarka

Case Citation: 2022 LiveLaw (Cal) 66

The Calcutta High Court observed that when an agreement of sale is entered into by a landlord and a tenant, the nature of the existing relationship changes and thus parties cannot go back to their old relationship and seek relief in terms of such relationship. Opining that the appellant had consciously surrendered her right as a tenant, a Bench comprising Justice Soumen Sen and Justice Ajoy Kumar Mukherjee observed, "The parties who have acted in terms of the agreement for sale and altered their relationship consciously cannot now go back to their old relationship and seek relief in terms of such relationship. There is a clear and conscious act on the part of the appellant to surrender her right as a tenant to acquire a superior right of an owner of the second floor of the suit premises." Reliance was also placed on the Kerala High Court judgment in Velu v Lekshmi & Ors to observe that two sets of mutually contra relationships cannot co-exist and accordingly it was further underscored, "Whenever a certain relationship exists between two parties in respect of a subject-matter and a new relationship arises as regards the identical subject-matter the two sets of mutually contra relationships cannot co-exist as being inconsistent and incompatible, that is to say, if the latter can come into effect only on termination of the earlier that would be deemed to have been terminated in order to enable the latter to operate."

9. Only SC Can Clarify Whether Orders Passed Under Repealed 'WB Housing Industry Regulation Act' Can Be Executed: Calcutta High Court

Case Title: Saptaparna Ray v. District Magistrate and Collector, North 24 Parganas and others

Case Citation: 2022 LiveLaw (Cal) 67

The Calcutta High Court observed that only the Supreme Court under Article 142 of the Constitution can clarify whether the orders passed under the repealed legislation, the West Bengal Housing Industry Regulation Act, 2017 (WBHIRA), are saved and the execution thereof can be continued. The Supreme Court in the case of Forum for People's Collective Efforts (FPCE) and another v. State of West Bengal had declared the WBHIRA Act, 2017 as being ultra vires the Constitution of India and repugnant to the provisions of Real Estate (Regulation and Development) Act, 2016 and thus struck down the legislation. Justice Rajasekhar Mantha observed while declining to entertain the plea, "..this Court is of the view that it is only the Hon'ble Supreme Court under Article 142 of the Constitution of India, that can clarify as to whether the orders passed under the erstwhile WBHIRA, are saved and the execution thereof can be continued post the decision in the Forum for People's Collective Case or whether the execution should be carried out under the Real Estate Regulation Authority Act, 2016." The Court further averred, "It is clear and evident from the aforesaid paragraph that what has been saved by the Supreme Court under Article 142 under the Struck Down Act, are legislation, sanction and permission already granted. The orders already passed under the said Repealed Act, have not been specifically mentioned to have been saved", the Court averred.

10. 'Violation Of Principles Of Natural Justice': Calcutta High Court Orders Restoration Of GST Registration Within 7 Days

Case Title: Latika Ghosh v. The Commercial Tax Officer/Assistant Commissioner, West Bengal Goods & Service Tax, Raiganj Charge & ors.

Case Citation: 2022 LiveLaw (Cal) 68

The Calcutta High Court on Tuesday ordered for the restoration of the appellant's certificate of registration under the provisions of both West Bengal Goods & Service Tax Act and Central Goods & Service Tax Act within one week after noting that the order for cancellation of registration is in violation of principles of natural justice. A Bench comprising Justice T. S. Sivagnanam and Justice Hiranmay Bhattacharyya observed, "The authorities are directed to restore the appellant's certificate of registration under the provisions of both West Bengal Goods & Service Tax Act and Central Goods & Service Tax Act within one week from the date of receipt of the copy of this order. We grant liberty to the authorities to issue show cause notice to the appellant." The Court further noted that the order of cancellation of the registration made by the state authorities as well as central authorities is unsustainable and the order rejecting the application for revocation dated October 6, 2021 is also not tenable.

11. 'Influence Of Highly Placed Individuals' : Calcutta HC Orders CBI Probe In Another Teacher Recruitment Scam Case In WB Gov Run Schools

Case Title: Setab Uddin & Ors v. The State of West Bengal & Ors.

Case Citation: 2022 LiveLaw (Cal) 69

The Calcutta High Court again ordered for a Central Bureau of Investigation (CBI) probe in another matter pertaining to the alleged illegal appointment of assistant teachers in State run schools in West Bengal. The Court was adjudicating upon a batch of pleas alleging the illegal appointment of assistant teachers for Class 9 and Class 10 in State run schools pertaining to the West Bengal State Level Selection Test (SLST) on the purported recommendation by the West Bengal School Service Commission (WBSSC). The Court had earlier ordered for a CBI probe in a similar matter after observing that such a scam with regards to public employment could not have taken place without the complicity of people in power in the State machinery. Thereafter, the West Bengal government had moved a Division Bench of the High Court challenging the Single Bench order.

Justice Abhijit Gangopadhyay directed the Director, Central Bureau of Investigation to constitute a Committee immediately headed by an officer not below the rank of Joint Director with officers not below the rank of D.I.G. to initiate the enquiry. "..in this matter also, I direct the C.B.I. enquiry, as the C.B.I. is an expert agency which is not under the control of State Government, in a scam where a Committee has been formed with the important officers of the State Government by the School Education Department. Therefore, I direct the Director, Central Bureau of Investigation to constitute a Committee immediately, headed by an officer not below the rank of Joint Director with officers not below the rank of D.I.G. to initiate the enquiry. It is expected that all the persons named in the said order of the Government including the "competent authority‟ with whose concurrence the order was issued and any other person from whom CBI want to gather facts for inquiry of the matter should come under the umbrella of the enquiry", the Court underscored.

12. Imparting Education By Section 25 Company Is A Charitable Activity Under Income Tax Act: Calcutta High Court

Case Title: Creative Museum Designers v. Income Tax Officer, Exemptions, Ward-1(1), Kolkata

Case Citation: 2022 LiveLaw (Cal) 70

A Bench of Calcutta High Court, consisting of Justices T.S. Sivagnanam and Hiranmay Bhattacharyya, has ruled that when a Company has been established as a non-profit organization under the Companies Act, and its profits are applied solely for the promotion of its objects, its activities would by necessary implication fall under the definition of a "charitable purpose" under the Income Tax Act, 1961. Holding that the Assessee Company was a non-profit organisation that was engaged in imparting education and the advancement of general public utility, the High Court held that its activities would fall within the definition of a "charitable purpose" as defined under Section 2 (15) of the Act. "Thus, when the assessee has not been established for the purpose of earning profit and the income it generates has to be applied for promoting the objects as spelt out in the memorandum and no portion of the income can be directly or indirectly paid by way of dividend or bonus etc, it has to be necessarily held that the assessee is a not for profit organisation but public utility company and the activities of the company for which it has been established would undoubtedly show that the company by establishing knowledge parks, engaged in imparting education and also undertakes advancement of other aspects of general public utility to fall within the definition of charitable purpose as defined under Section 2 (15) of the Act", the Court observed. 

Important Developments 

1. Alleged Violence During Contai Municipality Polls: Calcutta HC Refuses To Stay Counting Of Votes, Orders Preservation Of CCTV Footage

Case Title: Soumendu Adhikari v. State of West Bengal 

The Calcutta High Court sought response from the State Election Commission (SEC) and the State government in a Public Interest Litigation (PIL) petition moved by BJP leader Soumendu Adhikari alleging that large scale violence and rigging of votes had taken place in the recently concluded Contai Municipality elections. Elections to 108 municipalities in the State including the Contai municipality took place on February 27. The BJP had moved the High Court and had prayed for an urgent listing of the matter before a Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj. The Division Bench refused to grant the prayer made by the BJP seeking a stay on the counting of votes pertaining to the Contai Municipality elections which is scheduled to take place tomorrow i.e. on March 2. The Court noted that since the allegations levelled by the BJP are yet to be responded to by the SEC and the State government and further considering the relevant Constitutional provisions, such a prayer seeking a stay on counting of votes cannot be entertained. It was however underscored by the Bench that any action taken in the meantime will be subject to the final outcome of this writ petition. Furthermore, the Court also directed the SEC to take adequate steps to preserve CCTV cameras and CCTV footage pertaining to elections of the Contai municipality. Pertinently, the Court also allowed the BJP to implead the Election Commission of India (ECI) as a party to the instant proceedings since a prayer has been made by the BJP seeking forensic audit of CCTV footage by the ECI in its capacity as an independent investigating agency in order to rule out any case of tampering.

Also Read: 'Complete Distortion Of Law & Order': BJP Moves Calcutta High Court Alleging Large Scale Violence During Elections In Contai Municipality

2. Calcutta High Court Seeks State Gov's Response In PIL Seeking Compensation For Victims Of Tiger Attacks In Sunderbans

Case Title: Dakshinbanga Matsyajbi Forum and Anr v. State of West Bengal

The Calcutta High Court sought the State government's response in a Public Interest Litigation (PIL) petition pertaining to the grant of compensation to the family members of tiger attacked victims in the Sundarban area. The PIL filed by an organisation called the Dakshinbanga Matsyajbi Forum alleged that there is no proper State government scheme for providing compensation to the family members of such victims and further sought data pertaining to the total number of victims who had fallen prey to such tiger attacks. The counsel appearing for the petitioner apprised a Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj many villagers venture into forests in the Sundarban area for their livelihood and subsequently become victims of such tiger attacks. Taking cognisance of the grievance raised, the Court directed the State government to file its response and accordingly directed, "Learned Advocate General seeks 4 weeks time to file a report in the form of affidavit, thereafter exception to the report be filed within two weeks."

3. Calcutta HC Orders CBI DIG To Enquire Into Dilution Of Charges By IO In Custodial Death Case

Case Title: Manuja Bibi v. Central Bureau of Investigation, SC-II, New Delhi & ors

The Calcutta High Court ordered an enquiry by the DIG, in charge of Special Crime Branch of the Central Bureau of Investigation (CBI) into alleged dilution of charges against accused police personnel by the investigation officer (IO) of the agency in a case of custodial death of 2013 in Hooghly district, the probe of which had been entrusted with the CBI. The case involved the alleged custodial death of one Kazi Nasiruddin at Dhaniakhali police station in Hooghly district of West Bengal back in 2013. Nasiruddin had died on January 19, 2013 after he was arrested the previous night. The High Court in May, 2013 had ordered the CBI to take over the probe into Nasiruddin's death allegedly in the custody of Dhaniakhali police station in Hooghly district. Justice Tirthankar Ghosh noted that the sections under which prosecution has prayed for framing of charges in a case of custodial death has primarily diluted the offences for which it should have been recommended by the Investigating Officer. Accordingly, the Court observed while directing the DIG to conduct an enquiry, "Under such circumstances, this court feels that the inherent powers of this Court should be exercised and an enquiry be conducted by the DIG, in charge of Special Crime Branch, CBI, New Delhi regarding the materials collected by the Investigating agency in this case, the opinion expressed by the Investigating Officer and the section for which the Investigating officer has prayed for prosecution." Opining that the investigation had been handed over to the CBI to ensure a fair and impartial probe, the Court further underscored, "The purpose of the Division Bench for sending and entrusting investigation to the CBI was with the purpose and object of having a fair and impartial investigation and to gain confidence of the public at large, so that police authorities if they exceed their authority within the campus of the police station they would be punished and penalised for the alleged offence which they have committed."

4. WB Govt Moves Calcutta High Court Against Single Judge Order For CBI Probe Into Alleged Teacher Recruitment Scam

The West Bengal government on Tuesday moved a Division Bench of the Calcutta High Court challenging a Single Bench order that had directed the Central Bureau of Investigation (CBI) to probe into the alleged illegal appointment of assistant teachers for Class 9 and Class 10 in State-run schools pertaining to the West Bengal State Level Selection Test (SLST). The Division Bench comprising Justice Soumen Sen and Justice Ajoy Kumar Mukherjee agreed to hear the plea. The Court is likely to take up the matter for hearing sometime this week. A single-judge Bench of Justice Abhijit Gangopadhyay ordered a CBI probe into the matter and further directed that the investigation should be conducted under the supervision of a Joint Director of the CBI and a preliminary report should be submitted by March 28. Earlier, the Single Bench had cancelled the appointment of six assistant teachers in Murshidabad, noting that they were illegally appointed following a recommendation by the West Bengal School Service Commission. It had also been directed that the salaries of the illegally appointed teachers should be stopped immediately.

5. Calcutta HC Seeks WB Speaker's Response In Suvendu Adhikari's Petition Challenging His Decision To Not Disqualify Mukul Roy

Case Title: Suvendu Adhikari v. Hon'ble Speaker, WB Legislative Assembly and Ors and other connected matters 

The Calcutta High Court  sought response from the West Bengal Legislative Assembly Speaker Biman Banerjee, TMC MLA Mukul Roy and the Secretary of Returning Officer, West Bengal Legislative Assembly in a writ petition filed by West Bengal Leader of Opposition Suvendu Adhikari challenging the West Bengal Speaker's decision to reject the petition seeking disqualification of Mukul Roy for defection from BJP to TMC. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj directed the concerned respondents to file their affidavit-in-opposition within 2 weeks. The reply to the affidavit-in-opposition was directed to be filed within 3 days thereafter. The matter is slated to be heard next on March 21. On July 9, Mukul Roy had been appointed as the Chairman of Public Accounts Committee (PAC) by the Speaker of the West Bengal Legislative Assembly for the year 2021-2022. The plea filed before the Court had contended that on June 11, without officially resigning from the BJP or as the MLA of Krishnanagar Uttar constituency, Mukul Roy had defected to the TMC party on June 11, 2021. Senior advocate C.S Vaidyanathan appearing on behalf of BJP MLA Suvendu Adhikari apprised the Bench that the Supreme Court vide order dated February 25, 2022 had refused to entertain a Special Leave Petition (SLP) filed by Adhikari but had given liberty to Adhikari to approach the High Court against the Speaker's decision. The Bench was further informed that considering that the term of Mukul Roy as the PAC Chairman is only for one year, the Supreme Court had asked the High Court to decide the matter within a month.

6. Calcutta HC Directs Students To Not Obstruct Functioning Of Visva Bharati University, Grants Police Protection To Management

Case Title: Visva Bharati & Anr v. State of West Bengal & Ors

The Calcutta High Court extended police protection to the Registrar, Assistant Registrar and the management of the Visva Bharati University so that they are able to carry out their day to day duties inside the campus without any obstruction from the agitating students. Reportedly, more than 200 students are currently protesting inside the University campus demanding the immediate reopening of hostels and the conduct of online examinations. The University filed the instant plea before Justice Rajasekhar Mantha alleging that students are conducting an agitation inside the University which is disturbing its normal functioning. Directing the students to not obstruct the management in any way and further granting police protection to the management, the Court underscored, "The Officer-in-charge, Santiniketan Police Station and S.P., Birbhum shall ensure and take all necessary steps so that the Registrar and Assistant Registrar and the Management of the University, are not in any way obstructed from performing their day to day functions or moving freely in the University campus and outside. This Court also directs the students in the University not to obstruct the Management in any way and ensure that the aforesaid order is complied with."

7. Calcutta High Court & Subordinate Courts To Resume Physical Hearings From Tuesday, March 7

The Calcutta High Court  has issued a notice communicating its decision to resume physical hearings from Tuesday i.e. from March 7, 2022. However, virtual hearings can be opted by senior lawyers over 65 years of age or lawyers with comorbidities or other problems after complying with the laid down procedure. As West Bengal has been witnessing a drop in Covid-19 cases recently, the High Court has decided to shift from virtual hearings. The notification issued by the Registrar General pursuant to the recommendations buy the Covid Committee of the High Court and the Chief Justice further stipulates that advocates who wish to appear through video conferencing would be given the option to do so upon their request in conformity with the following guidelines, (i) As and when the case is called on, a request may be made to the court by a lawyer to appear virtually citing any of the above circumstances. (ii) Thereupon the Court on being satisfied may grant leave to the lawyer to appear virtually. (iii) A link for that purpose may be requested for by the learned lawyer and provided to him by the Registry in advance of the hearing of the case. (iv) A lawyer making a request to appear virtually should ensure that his junior is physically present in court, in case leave to appear virtually is refused by the court. It has been further stipulated that not more than 20 lawyers shall be allowed in the court room at a particular point of time. The Court timings shall be from 10.30 A.M. till 1 P.M. and 2 P.M. till 4.30 P.M.