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 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 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 ProtocolsCase Title: Dr. Avinandan Mondal v. State of West Bengal & Ors Citation: 2022 LiveLaw (Cal) 1The 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 Mela3. 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...

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

Aaratrika Bhaumik

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