Calcutta High Court Weekly Round Up : April 11 To April 17, 2022

Nominal Index [Citations 115- 125]1. Sumitra Bhattacharyya v. State of West Bengal and other connected matters 2022 LiveLaw (Cal) 1152. Shaista Afreen and Others v. The State of West Bengal and Others 2022 LiveLaw (Cal) 1163. Purnima Kandu & Anr v. The State of West Bengal & Ors 2022 LiveLaw (Cal) 1174. Dr. Santi Prasad Sinha v. Laxmi Tunga and Ors 2022 LiveLaw (Cal) 1185. Ramesh Co. v. Imperial Tubes Pvt. Ltd 2022 LiveLaw (Cal) 1196. Suvendu Adhikari v. Hon'ble Speaker, WB Legislative Assembly and Ors and other connected matters 2022 LiveLaw (Cal) 1207. Rohit Pal v. The State of West Bengal 2022 LiveLaw (Cal) 1218. Azizur Rahaman v. The State of West Bengal & ors 2022 LiveLaw (Cal) 1229. Sambhu Das v. The State of West Bengal & Anr 2022 LiveLaw (Cal) 12310. M/s. Satyen Construction versus State of West Bengal & Ors 2022 LiveLaw (Cal) 12411. Dr. Papiya Mukherjee versus Aruna Banerjea and Anr 2022 LiveLaw (Cal) 125Orders/Judgments 1. Calcutta High Court Directs IPS Officer Damayanti Sen To Oversee Probe Into 4 Recent Rape Cases In West BengalCase Title: Sumitra Bhattacharyya v. State of West Bengal and other connected mattersCase Citation: 2022 LiveLaw (Cal) 115The Calcutta High Court on Tuesday asked IPS officer Damayanti Sen to oversee the probe in Deganga, Matia, Ingrejbazar and Banshdroni rape cases. A division bench comprising Chief Justice Prakash Srivastava and Justice Rajarshi Bharadwaj observed that considering the nature of the incidents and the allegations made, a responsible senior lady police officer should be appointed to supervise the investigation. The Court's remarks are believed to have been made in the wake of an investigation into the Park Street rape case a decade ago. "..considering the material pointed out to us, we direct that the investigation of the incidents at village Nehalpur, Nandipara, incident on Dol Purnima noted above as also the incident of rape at English Bazar will be done under the supervision of Smt. Damayanti Sen, IPS presently working as Special Commissioner of Police to Kolkata Police. If Smt. Sen has any difficulty in supervising the investigation, she will be at liberty to indicate the same to this court on the next date of hearing", the Court directed. On the last date of hearing, the Court had granted leave to the petitioners to suggest the name of a high ranking police officer under whose supervision, the investigation can be carried out.2. 'Attempt To Suppress Incident': Calcutta HC Orders CBI Probe Into Hanshkhali Gangrape & Murder Case, Report To Be Submitted By May 2Case Title: Shaista Afreen and Others v. The State of West Bengal and OthersCase Citation: 2022 LiveLaw (Cal) 116The Calcutta High Court on Tuesday ordered a CBI investigation into the Hanshkhali gangrape and murder case. According to reports, a 14-year-old girl belonging to the scheduled caste community died on April 5 after she was allegedly gangraped by the son of a panchayat member owing allegiance to the Trinamool Congress (TMC) and others in West Bengal's Nadia district. She was bleeding profusely when she returned home and died later that night, according to her parents who lodged a police complaint on April 10. Opining that a fair investigation is required to instil confidence in the family members of the victim and also the residents of the locality and the State, the Court underscored, "..we are of the opinion that in order to have fair investigation in the matter and to instill confidence in the family members of the victim and also the residents of the locality and the State, the investigation should be carried out by the CBI instead of the local police. Hence, we direct the State Investigating Agency to hand over the investigation to the CBI with immediate effect. The State Investigating Agency will hand over all the papers relating to the investigation along with the custody of the accused persons to the CBI forthwith."3. 'Comprehensive Investigation Required': Calcutta HC Orders CBI To Probe Death Of Eye-Witness In Murder Case Of Congress Councillor Tapan KanduCase Title: Purnima Kandu & Anr v. The State of West Bengal & OrsCase Citation: 2022 LiveLaw (Cal) 117The Calcutta High Court ordered a CBI investigation into the unnatural death of Niranjan Baishnab, who was believed to be an eyewitness to the murder of Congress councillor Tapan Kandu in the Purulia district. The Court had earlier directed the CBI to probe into the the death of former Congress councillor of Jhalda Municipality in Purulia, Tapan Kandu who was reportedly shot dead by miscreants on March 13. Some motorcycle-borne persons had reportedly shot Tapan dead when he had gone for a walk near his residence. Justice Rajasekhar Mantha ordered that the case papers in the matter to be handed to the central agency, which is already probing the councillor's killing pursuant to the Court's earlier orders. "This Court as of now cannot find any fault with the investigation conducted by the State police. However, given the fact...

Calcutta High Court Weekly Round Up : April 11 To April 17, 2022

Aaratrika Bhaumik

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