Calcutta High Court Weekly Round Up: June 13 To June 19, 2022

Nominal Index [Citations 235- 247]Shri Adhir Ranjan Chowdhury v. State of West Bengal 2022 LiveLaw (Cal) 235Niladri Saha v. State of West Bengal and other connected matters 2022 LiveLaw (Cal) 236Ramesh Malik & Ors v. The State of West Bengal & Ors 2022 LiveLaw (Cal) 237M/S. Dunlop India Limited and Ors v. Mathai and Sons 2022 LiveLaw (Cal) 238Abhisek Panda & Ors v. West Bengal National University of Juridical Sciences & Ors 2022 LiveLaw (Cal) 239Electrosteel Castings Limited Versus The Assistant Commissioner 2022 LiveLaw (Cal) 240Niladri Saha v. State of West Bengal and other connected matters 2022 LiveLaw (Cal) 241Ramesh Malik & Ors v. The State of West Bengal & Ors 2022 LiveLaw (Cal) 242Mahendra Kumar Jain v. The State of West Bengal & Ors 2022 LiveLaw (Cal) 243 Suresh Babu @ Arakkal Arjunan Suresh Babu v. State of West Bengal 2022 LiveLaw (Cal) 244Pranati Aguan v. State of West Bengal and Ors 2022 LiveLaw (Cal) 245Suvendu Adhikari and Ors v. Hon'ble Speaker, West Bengal Legislative Assembly 2022 LiveLaw (Cal) 246Raj Kumar Singh & Anr. versus Assistant Commissioner 2022 LiveLaw (Cal) 247Orders/Judgments 1. BREAKING | 'Not Illegal Or Arbitrary': Calcutta High Court Refuses CBI Probe In WB Govt's Metro Dairy DisinvestmentCase Title: Shri Adhir Ranjan Chowdhury v. State of West BengalCase Citation: 2022 LiveLaw (Cal) 235The Calcutta High Court refused to initiate a probe by the Central Bureau of Investigation (CBI) into the alleged Metro Dairy scam, by opining that no case has been made out for interference as the State has not adopted any non-transparent or opaque sale of shares. The Court was adjudicating upon a Public Interest Litigation (PIL) petition moved by West Bengal Congress President Adhir Chowdhury alleging a lack of transparency in West Bengal government's sale of its 47 percent stake in Metro Dairy to private dairy organisation Keventer Agro Ltd in 2017. In the same year, one Singapore-based company had reportedly bought Metro Dairy's 15 per cent share at a much higher price. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj observed that the policy decision of the West Bengal government to sell its 47 per cent stake in Mother Dairy (respondent no. 5) to Keventer Agro Ltd in an auction for Rs 85 crore was neither illegal nor arbitrary. "Having regard to the above, we find that policy decision of the State to sell 47 % shares of respondent no. 5 MDL was neither illegal nor arbitrary and State had also not adopted non-transparent or opaque procedure for sale of shares, hence no case for interference in the present writ petition is made out which is accordingly, dismissed", the Court ruled.2. Prophet Remark Row: Calcutta High Court Asks State To Prevent Untoward Incidents, Seek Help From Central Paramilitary Forces If RequiredCase Title: Niladri Saha v. State of West Bengal and other connected mattersCase Citation: 2022 LiveLaw (Cal) 236The Calcutta High Court on Monday sought the State government's response in a batch of Public Interest Litigation (PIL) petitions seeking deployment of central paramilitary forces in West Bengal amid the ongoing protests against offensive remarks made against Prophet Mohammed by now suspended BJP leaders. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj underscored that the State authorities must ensure that no untoward incident takes place and further directed that the State should seek help from central forces in case they fail to control the situation. "In the meanwhile we express hope that the State authorities will take all possible steps to ensure that no untoward incident takes place and peace is maintained. In case, the State Police is unable to control the situation at any place then State authorities will take immediate steps to call the central forces", the Court observed. The Bench further directed the State government to consider looking into appropriate video footage to identify the miscreants responsible for the violence. The Advocate General was also instructed to consider the issue of grant of compensation to those who have suffered loss of property in the alleged incidents of violence and accordingly apprise the Court about the steps taken on the next date of hearing.3. Calcutta High Court Orders CBI To Probe Alleged 'Illegal' Appointments By State's Primary Education BoardCase Title: Ramesh Malik & Ors v. The State of West Bengal & OrsCase Citation: 2022 LiveLaw (Cal) 237The Calcutta High Court ordered the Central Bureau of Investigation (CBI) to probe into recruitment of teachers in government-aided primary schools by the State's primary education board. Justice Abhijit Gangopadhyay directed the CBI to file an FIR to initiate an investigation into alleged illegal recruitment of teachers by the board based on the teachers' eligibility test in 2014. Furthermore, the primary education board secretary Ratna Chakraborti Bagchi and president Manik Bhattacharya were also ordered to...

Calcutta High Court Weekly Round Up: June 13 To June 19, 2022

Aaratrika Bhaumik

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