Calcutta High Court Weekly Round-Up: January 10 To January 16, 2022

Judgments/Orders of the Week 

1. Gangasagar Mela Monitoring Panel Reconstituted, Negative RTPCR Report Made Mandatory: Calcutta HC Modifies Event Conditions

Case Title: Dr. Avinandan Mondal v. State of West Bengal & Ors

Citation: 2022 LiveLaw (Cal) 1

The 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 had earlier reserved judgment in the plea seeking cancellation of this year's Gangasagar Mela amidst the spike in Covid-19 cases in the State and on Friday, it had allowed the Mela by imposing several conditions including the formation of a three-member committee to regulate the crowd in the Mela and ensure compliance of directions issued by the Court.

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. 

2. Calcutta HC Allows Ganga Sagar Mela; Forms 3-Member Committee To Oversee Compliance Of COVID Protocols

Case Title: Dr. Avinandan Mondal v. State of West Bengal & Ors

Citation: 2022 LiveLaw (Cal) 1

The Calcutta High Court allowed the State Government to hold this year's Gangasagar Mela amidst the fresh surge in Covid-19 cases in the State of West Bengal. However, certain conditions have been imposed by the Court. 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. A Bench comprising Chief Justice Prakash Shrivastava and Justice Kesang Doma Bhutia, inter alia, observed, "The Home Secretary of the State will issue advertisements in the daily newspapers having wide circulation in the State of West Bengal and also through the electronic media making the public aware of the risk of visiting Gangasagar Island between 08th and 16th January, 2022 in large gathering and will make an appeal to them to stay safe and desist from visiting the Gangasagar Island during this period." Pertinently, the Court also constituted a three Member Committee to regulate the crowd in the Mela and ensure compliance of directions issued by the Court.

Also Read: Calcutta High Court Reserves Judgment In Plea Seeking Cancellation Of Ganga Sagar Mela 2022; State Govt Favours Conduct Of Mela

3. Calcutta High Court Directs State Election Commission To Consider Postponement Of 4 Civic Polls For 4- 6 Weeks Amid Covid-19 Surge

Case Title: Bimal Bhattacharya v. State of West Bengal & Ors

Citation: 2022 LiveLaw (Cal) 2

The 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 Polls

Also Read: WB Municipal Polls: Calcutta High Court Reserves Judgment In Plea Seeking Postponement Of 4 Civic Polls Amid Covid-19 Surge

4. 'Not In Public Interest': Calcutta High Court Directs Jhargram District Magistrate To Decide On Postponement Of Jangalmahal Utsav Amid Covid Surge

Case Title: Pratik Maitra v. State of West Bengal

Citation: 2022 LiveLaw (Cal) 3

The 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 State government to file a report detailing the arrangements made to follow Covid-19 protocol during the conduct of the Jangalmahal Utsav. Considering the Covid-19 situation in Jhargram district where the Utsav is slated to take place, the Court directed, "We direct the respondent No. 2, District Magistrate, Jhargram to take a decision in respect of postponement of Mela within a period of 24 hours from this order".

Also Read: Plea To Postpone Jangalmahal Utsav Amid Covid Surge: Calcutta High Court Seeks State's Response

5. 'Wholly Illegal': Calcutta High Court Quashes Decision To Outsource Services Of Contractual Employees Of Indian Statistical Institute To Gov Contractor

Case Title: Shri Aloke Singh & Ors v. Indian Statistical Institute & Ors

Citation: 2022 LiveLaw (Cal) 4

The Calcutta High Court came down heavily on the administration of the Indian Statistical Institute (ISI) for its decision to outsource the services rendered by a batch of contractual employees who had been working as gardeners since 2013 to a government contractor. The Court set aside the resolution dated January 3, 2022, which contained such a direction and further ordered that under no circumstances can the contractual employees be pushed to a Government contractor from the aegis of the ISI administration. Justice Abhijit Gangopadhyay minced no words in disapproving of the practice of governmental interference in the functioning of autonomous institutions. Directing the ISI administration to consider giving permanent employee status to the petitioners, the Court further observed, "I wholly set aside and quash the resolution taken in the meeting dated 03.01.2022 that ISI should procure the cooking and gardening services by following the due procedure on GeM. In no circumstances petitioners can be pushed to a Government contractor from the fold of ISI. On the contrary, ISI should consider with sincerity about giving permanent employee status to the petitioners as artificial breaks were given in their contractual periods from 2013 to 2021." 

6. Calcutta High Court Seeks State Gov's Response In Suvendu Adhikari's Plea Alleging Obstruction In Peaceful Living Due To Inadequate Security Arrangement By State

Case Title: Suvendu Adhikari v. The State of West Bengal & Ors

The Calcutta High Court sought the State government's response in a plea moved by BJP MLA and Leader of the Opposition Suvendu Adhikari alleging that despite several orders of the High Court, the State government has failed to adequately provide him security. The counsel appearing for Adhikari submitted before the Court that despite prior orders of the Court in several proceedings, the security provided to Adhikari is being compromised. Taking cognisance of the grievance raised, Justice Rajasekhar Mantha observed, "Let an affidavit and/or a report by way of affidavit be filed on behalf of the State on the allegations in the writ petition and the supplementary affidavit within a period of one week from date. Prior service of such report be made on the Counsel for the petitioner". Accordingly, the matter was listed for further hearing on January 19, 2022. 

7. Garland Netaji Bose Statue, Play 'Kadam-Kadam Badhae Ja' Tune On Jan 23 (Desh Prem Divas) As Per Govt Memorandum: PIL In Calcutta HC

Case Title: Fareed Molah v. State of West Bengal 

A Public Interest Litigation (PIL) plea has been moved before the Calcutta High Court seeking direction to the West Bengal Govt to ensure garlanding of the statue of Netaji Subhash Chandra Bose in the District Head Quarters and playing the tune of Kadam Kadam Badhaye Jaa on 23rd January (every year) being Desh Prem Divas, in accordance with its 2011 memorandum. The PIL has been moved by one Fareed Molah praying that the Government of West Bengal be directed to implement the memorandum issued by it in the year 2011, wherein it was declared as to how Desh Prem Divas will be observed in every district headquarter on 23 January every year. It has been stated in the PIL moved before the High Court that the memorandum of the State Govt dated January 20, 2011 was given effect to only in the year 2011 (23rd January), and the Desh Prem Divas was never celebrated thereafter in the District Head Quarters by the concerned District Magistrates. "That there was no garlanding of the statue of Netaji Subhas Chandra Bose in the District Head Quarters by the concerned District Magistrate on 23rd January in terms with the memorandum dated January 20, 2011 after the year 2011. Further, The Police Band, were available, did not play the tune of 'KADAM KADAM BARYE JAA' at the site being the District Head Quarter during the garlanding," the PIL further states. 

8. Calcutta High Court Seeks WB Govt's Reply Over Measures Which Can Be Taken To Prevent Child Trafficking

Case Title - Rama Prasad Sarkar v. The State of West Bengal & Ors

The Calcutta High Court asked the West Bengal State Government to file an affidavit disclosing the measures which can be taken to avoid Child Trafficking incidents in the future. The Bench of Chief Justice Prakash Shrivastava and Justice Kesang Doma Bhutia sought the details on the above-mentioned subject while dealing with a Public Interest Litigation (PIL) plea filed raising the issue of child trafficking in the state. The PIL, moved by petitioner in person Rama Prasad Sarkar, referred to the alleged child trafficking racket busted in Salkia, Howrah on 20th November 2021 and it also raised the grievance that no proper action has been taken in respect thereof. Regarding, the alleged Child Trafficking racket busted in Salkia, Howrah, the Advocate General informed that a case had been registered under the provisions of IPC, POCSO and Juvenile Justice Care and Protection Act and arrests have been made. Against this backdrop, the Court gave him time to file an appropriate affidavit disclosing the relevant details and posted the matter for further hearing on February 28, 2022. Essentially, the PIL alleged that the child trafficking racket busted in Salkia, Howrah was being run by the daughter-in-law of the former deputy mayor of Howrah municipality.