Calcutta High Court Monthly Digest: January 2022

A monthly round up of important judgments and legal developments from the Calcutta High Court for the month of January as reported by Live Law. Important Judgments/Orders 1. Gangasagar Mela Monitoring Panel Reconstituted, Negative RTPCR Report Made Mandatory: Calcutta HC Modifies Event ConditionsCase Title: Dr. Avinandan Mondal v. State of West Bengal & OrsCitation: 2022 LiveLaw (Cal) 1The Calcutta High Court modified certain conditions imposed earlier while allowing the State Government to hold this year's Gangasagar Mela amidst the fresh surge in Covid-19 cases in the State of West Bengal. It may be noted that every year, on Makar Sankranti, lakhs of Hindu devotees flock to the Sagar Island in West Bengal's South 24 Parganas district to take a holy dip and offer prayers at the Kapil Muni temple. This year, the Mela is scheduled to take place from January 8 to January 16, 2022. The Court modified and added certain conditions on the event, which is presently underway. The changes/additions made are as follows: Earlier, a three Member Committee comprising of (i) Leader of Opposition in the State or his representative, (ii) Chairman, West Bengal Human Rights Commission or his representative and (iii) representative of the State was constituted which will keep vigil in respect of compliance of the above directions as also measures suggested by the State in the affidavit dated 06th January 2022. - Now, this committee has been substituted by constituting a two-member Committee comprising Smt. Samapti Chatterjee, Retired Judge of the Calcutta High Court as Chairperson and Member Secretary, West Bengal Legal Services Authority as a member. This has been done in response to the submission of the State Government that the Committee formed by the Court should not only be an independent Committee but it should not have political members.Also Read: Calcutta HC Allows Ganga Sagar Mela; Forms 3-Member Committee To Oversee Compliance Of COVID ProtocolsAlso Read: Calcutta High Court Reserves Judgment In Plea Seeking Cancellation Of Ganga Sagar Mela 2022; State Govt Favours Conduct Of Mela2. Calcutta High Court Directs State Election Commission To Consider Postponement Of 4 Civic Polls For 4- 6 Weeks Amid Covid-19 SurgeCase Title: Bimal Bhattacharya v. State of West Bengal & OrsCitation: 2022 LiveLaw (Cal) 2The Calcutta High Court directed the State Election Commission to consider postponing the conduct of the upcoming municipal elections in Siliguri, Chandernagore, Bidhannagar and Asansol for a short period of 4 to 6 weeks in the wake of the 'galloping speed with which the COVID cases are increasing' in the State of West Bengal. A decision in this regard has to be taken by the State Election Commission within 48 hours, the Court directed further. The Court was adjudicating upon a Public Interest Litigation (PIL) petition seeking postponement of municipal elections in Siliguri, Chandernagore, Bidhannagar and Asansol which are due to take place on January 22, 2022 in the wake of the rising number of Covid-19 cases in the State of West Bengal.A Bench comprising Chief Justice Prakash Shrivastava and Justice Ajoy Kumar Mukherjee observed, "We dispose of the present petition with a direction to the State Election Commission to consider the galloping speed with which the COVID cases are increasing and also to take into account the issue if holding of elections in such a situation will be in the public interest and if free and fair elections will be possible on the dates notified, and take a decision in respect of the postponement of date of elections of aforesaid four Municipal Corporations for a short period of 4 to 6 weeks. The respondent State Election Commission is directed to take a decision in this regard within a period of 48 hours. It will be open to the petitioner to submit all the relevant material relating to existing COVID situation before the Election Commission without any delay so that it can be considered by the Election Commission while taking the decision."Also Read: Specify If Sufficient No. Of COVID Infection Free Poll Workers Available: Calcutta HC To Election Commission On PIL To Postpone 4 Civic PollsAlso Read: WB Municipal Polls: Calcutta High Court Reserves Judgment In Plea Seeking Postponement Of 4 Civic Polls Amid 3. 'Not In Public Interest': Calcutta High Court Directs Jhargram District Magistrate To Decide On Postponement Of Jangalmahal Utsav Amid Covid SurgeCase Title: Pratik Maitra v. State of West BengalCitation: 2022 LiveLaw (Cal) 3The Calcutta High Court directed the District Magistrate, Jhargram to consider postponing the upcoming Jangalmahal Utsav, scheduled to take place across 6 districts of West Bengal from January 17- January 19, 2022, in view of the rising number of Covid-19 cases in the State. The decision has to be taken within a period of 24 hours, the Court directed further. Earlier, the Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj had directed the...

Calcutta High Court Monthly Digest: January 2022

Aaratrika Bhaumik

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