Calcutta High Court Weekly Roundup: January 24 To January 30, 2022

Important Judgments/Orders of the Week 1. 'Belatedly Approached Court': Calcutta High Court Dismisses PIL Against Centre's Decision To Exclude WB Gov's Netaji Tableau For Republic DayCase Title: Rama Prasad Sarkar v. Union of IndiaCitation: 2022 LiveLaw (Cal) 13The Calcutta High Court dismissed a Public Interest Litigation (PIL) petition filed against the decision of the Centre to reject the tableau of Netaji Subhash Chandra Bose as proposed by the West Bengal government for the ensuing Republic Day parade. The PIL filed by advocate Ramaprasad Sarkar sought the Court's interference to issue a direction to the Central Government to permit the State of West Bengal Tableau of Netaji Subhas Chandra Bose in the ensuing Republic Day parade scheduled to take place on January 26, 2022. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj expressed reservations to the delayed filing of the PIL and accordingly observed, "..the writ petitioner has belatedly approached this Court. As the Republic Day celebration is day after tomorrow, therefore, at this stage, no effective direction can be issued. Hence, no case for interference in the present writ petition is made out which is accordingly dismissed." The Bench further took note of the various defects in the filing of the instant PIL as pointed out by the Additional Solicitor General Y.J. Dastoor while dismissing the PIL.2. West Bengal Post Poll Violence: Calcutta High Court Takes On Record Latest Status Reports Filed By CBI, SIT; Next Hearing On Feb 28Case Title: Anindya Sundar Das v. Union of India and other connected mattersThe Calcutta High Court took on record the latest status report filed by the Special Investigation Team (SIT) and the Central Bureau of Investigation (CBI) pertaining to the progress of the investigation with regards to cases of violence that had allegedly taken place post the declaration of the West Bengal assembly elections in May 2021. The Court vide order dated August 19, 2021 had handed over to the CBI the investigation of cases related to murder, rape and crime against women whereas an SIT had been constituted to investigate other criminal cases related to post-poll violence. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajrashi Bharadwaj was apprised by Additional Solicitor General Y.J Dastoor appearing for the CBI that a total of 51 cases had been initially registered out of which 48 cases had been referred to by the NHRC committee constituted by the Court and 3 cases had been registered on the basis of individual complaints. ASG Dastoor also informed the Bench that in 20 cases charge sheets had been filed and that out of the 20 cases, in 18 cases an application had been filed under Section 173(a) of the CrPC for further investigation. He further submitted that 3 cases had been transferred to the SIT and that currently, 28 cases are still under investigation by the CBI. The counsel appearing for the SIT informed the Bench that 689 cases had been registered initially and that on the last date of hearing investigation was pending in 12 cases. However, till date investigation is pending only in 2 cases, the counsel informed further. 3. By-Poll Expenses Can't Be Recovered From Candidate Who Resigns: ECI, State Govt To Calcutta HCCase Title: Sayan Banerjee v. Election Commission of India and Ors The Calcutta High Court was apprised by both the Election Commission of India (ECI) and the State government that expenditure incurred by the State exchequer in conducting an election cannot be recovered from a candidate even if he resigns from his constituency before completion of his term in order to enable another person to contest the election from that constituency. The Court was adjudicating upon a suo-moto issue framed by a Bench comprising former Acting Chief Justice Rajesh Bindal and Justice Rajarshi Bharadwaj in a Public Interest Litigation (PIL) petition challenging the decision of the Election Commission of India to prioritize the bye-elections of Bhabanipur Assembly Constituency from where the Chief Minister of West Bengal Mamata Banerjee had contested elections on September 30, 2021, and had subsequently won. The Court vide order dated September 24, 2021 had farmed the following issue for consideration, "It is a matter of common knowledge that it costs crores of rupees to the public exchequer to hold elections. It should not be taken merely at the whims and fancies of the persons who are in power or otherwise elected or losing candidates. In case an elected candidate resigns from his constituency before completion of term without there being any legal disability, to enable another person to contest the election from that constituency as to who should bear the cost to be recurred by the State exchequer is a larger issue which is required to be considered."A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj was informed by advocate Siddhant Kumar appearing...

Calcutta High Court Weekly Roundup: January 24 To January 30, 2022

Aaratrika Bhaumik

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