Calcutta High Court Weekly Round Up: June 20 To June 26, 2022

Nominal Index [2022 LiveLaw (Cal) 248 - 2022 LiveLaw (Cal) 257]In the matter of : Ved Prakash Arya v. State 2022 LiveLaw (Cal) 248Ramesh Malik & Ors v. The State of West Bengal & Ors 2022 LiveLaw (Cal) 249Sk. Manowar Ali & Ors v. The State of West Bengal & Ors 2022 LiveLaw (Cal) 250Salem Khan v. The State of West Bengal & Ors 2022 LiveLaw (Cal) 251Ramesh Malik & Ors v. The State of West Bengal & Ors 2022 LiveLaw (Cal) 252Maleka Khatun v. The State of West Bengal and others 2022 LiveLaw (Cal) 253Siliguri Jalpaiguri Development Authority v. Bengal Unitech Siliguri Projects Limited 2022 LiveLaw (Cal) 254 In the matter of : Kalu Sk. @ Kuran v. State 2022 LiveLaw (Cal) 255Md. Safique Mallick v. The State of West Bengal & Anr 2022 LiveLaw (Cal) 256Central Bureau of Investigation v. Sanjib Halder 2022 LiveLaw (Cal) 257Orders/Judgments 1. Sex Trafficking Cases Conducted With 'Indifference': Calcutta High Court Orders WB DGP To Transfer Cases To Anti Human Trafficking UnitCase Title: In the matter of : Ved Prakash Arya v. StateCase Citation: 2022 LiveLaw (Cal) 248The Calcutta High Court has recently expressed its displeasure at the way cases involving sex trafficking of minor girls are being conducted in the State and has accordingly directed the Director General of Police, West Bengal to ensure that such cases are transferred to the Anti Human Trafficking Unit so that they can be investigated by specialised officers, preferably lady officers.Opining that victims require psychological counselling which the investigating agencies have failed to provide, a Bench comprising Justice Joymalya Bagchi and Justice Ananya Bandyopadhyay underscored, "We note with anguish indifferent manner in which cases involving sex trafficking of minor girls are being conducted. These cases require to be investigated by a specialised agency manned by police personnel who are duly sensitised in the matter. Victims in such cases are either women or minor coming from weak and marginal sections of society. They require proper protection, support and assistance including psychological counselling. We notice no steps are taken by the investigating agencies in this regard." The Court thus directed the Director General of Police, West Bengal to take necessary steps so that cases involving trafficking of women particularly minors for sexual exploitation are transferred to the Anti Human Trafficking Unit for investigation and to ensure that victims are granted interim compensation and psychological support.2. SIT Headed By CBI Joint Director N. Venugopal To Probe Primary Teacher Recruitment Scam & SSC Recruitment Scam Cases: Calcutta HCCase Title: Ramesh Malik & Ors v. The State of West Bengal & Ors.Case Citation: 2022 LiveLaw (Cal) 249The Calcutta High Court observed that a Special Investigation Team (SIT) of the CBI which is probing into the alleged illegal appointment of teachers in West Bengal government-sponsored and aided primary schools, will also look into the cases of irregularities in recruitment of teaching and non-teaching staff in secondary schools on the purported recommendation of the school service commission (SSC). The counsel appearing for the CBI apprised Justice Abhijit Gangopadhyay about the constitution of the SIT in accordance with his earlier order. The CBI submitted the names of six SIT members, who will be investigating the cases under close supervision of its anti-corruption branch's superintendent of police, and its joint director. The Court further ordered that CBI Joint Director N. Venugopal shall head the SIT and supervise the whole investigation. "..I want to make it clear that the Joint Director Mr. N. Venugopal shall be the head of the SIT meaning thereby he will supervise the investigation of SIT for the purpose for which it has been constituted", the Court underscored.3. 'No Illegality': Calcutta High Court Upholds State Govt's Door Step Ration Delivery SchemeCase Title: Sk. Manowar Ali & Ors v. The State of West Bengal & OrsCase Citation: 2022 LiveLaw (Cal) 250The Calcutta High Court has held that there is no illegality in the West Bengal Duare Ration scheme, under which the State government delivers foodgrains through the public distribution system at the doorsteps of beneficiaries. Justice Krishna Rao was adjudicating upon a plea wherein a prayer had been made stipulating that a notification by the state government on September 13, 2021, which amended Clause 18 of the West Bengal Public Distribution System (Maintenance and Control) Order, 2013, be declared as unconstitutional and ultra vires to Essential Commodities Act, 1955 and National Food Security Act, 2013 (NFSA, 2013). Upholding the constitutional validity of the impugned notification, the Court ruled, "On conjoint reading of Section 24 (2) (b) and Section 32 of NFSA 2013 and clause 35 of the West Bengal Public Distribution System (Maintenance and Control) Order, 2013 this Court hold that there is no illegality in amending clause 18 of West Bengal Public ...

Calcutta High Court Weekly Round Up: June 20 To June 26, 2022

Aaratrika Bhaumik

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