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Tag: Calcutta High Court

  • HC directs CBI to interrogate Bengal minister over appointment of daughter as instructor

    Through PTI

    KOLKATA: The Calcutta Top Courtroom on Tuesday directed West Bengal Minister of State for Training Paresh Chandra Adhikari to seem earlier than the CBI right here over alleged appointment of his daughter as a instructor in a state government-aided college in Cooch Behar district.

    The order used to be handed on a petition through a candidate who claimed that she used to be disadvantaged of the process in spite of having secured upper marks than the minister’s daughter within the recruitment exam for academics.

    Justice Abhijit Gangopadhyay directed the minister to seem earlier than the CBI government in Kolkata through Tuesday night.

    Adhikari, who used to be in Cooch Behar, instructed newshounds that he has left for Kolkata in conjunction with his daughter following the top court docket order.

    The minister is an MLA from Mekhliganj constituency in Cooch Behar.

    The court docket directed the CBI to document a record at the subject on Might 7, when it’ll be taken up for listening to once more.

    The petitioner’s attorney Firdous Shamim claimed that she had secured 77 marks within the exam whilst the minister’s daughter were given 61, and that her identify didn’t determine within the advantage record, however were given appointment as a instructor depriving the petitioner Babita Sarkar.

    Justice Gangopadhyay had previous on 4 events ordered CBI inquiry in reference to alleged irregularities in appointments of training and non-teaching personnel in state government-aided faculties.

  • 2.34 lakh circumstances pending at Calcutta HC, 41 in line with cent judges’ posts vacant

    By way of PTI

    Functioning with simplest 39 judges out of a sanctioned power of 72 judges, the Calcutta Top Courtroom is saddled with greater than two lakh pending circumstances.

    The Union Legislation and Justice Ministry on Saturday introduced the appointment of 3 extra further judges to the Calcutta Top Courtroom, which is able to take the quantity to 42.

    Criminal luminaries say that the collection of judges must be larger additional once imaginable to take care of the backlog in addition to newly filed petitions.

    A complete of two,34,539 circumstances are pending earlier than the prime courtroom in spite of efforts by way of the judiciary to scale back the backlog.

    The Calcutta Top Courtroom, which has a sanctioned power of 72 judges, is functioning with simplest 39 judges, in step with information equipped on its web page.

    After the 3 newly-appointed judges take oath, the quantity will build up to 42, however will nonetheless stay in need of the sanctioned power by way of 30 or 41.66 in line with cent.

    Former Preferrred Courtroom pass judgement on Justice (retd) Ashok Ganguly stated that the collection of judges will have to be larger straight away to a minimum of the entire power of the prime courtroom, and the sub-divisional and district courts, which can be additionally dealing with equivalent problems.

    Of the two,34,539 circumstances pending as on February 28 in step with the information, civil circumstances shape the lion’s proportion at 1,97,184, whilst the collection of prison circumstances watching for disposal stand at 37,355 on that date.

    Whilst the seat of the prime courtroom is in Kolkata, it has everlasting circuit benches at Port Blair in Andaman and Nicobar Islands and at Jalpaiguri in north Bengal.

    “Even with complete power, the collection of judges is insufficient and so with over 40 in line with cent much less it’s way more tough to scale back the backlog,” Ganguly stated.

    He stated that the collection of new circumstances earlier than the courtroom is expanding as other folks have nowhere else to move for buying justice.

    “Collection of circumstances is expanding whilst judges’ power is happening; governments want to expedite appointments of recent judges,” he stated.

    Protecting that each the central and state governments want to put in additional effort to relieve the location, Ganguly stated there are large vacancies within the decrease judiciary additionally, which want to be stuffed up.

    A complete of 26,64,284 circumstances are pending in numerous courts in West Bengal until Would possibly 14, as in line with the Nationwide Judicial Knowledge Grid.

    Of those, 20,47,901 are prison, whilst 6,16,383 are civil circumstances, in step with the information. Ganguly stated that litigants are dealing with immense hardship owing to the location main from loss of an good enough collection of judges and large pendency of circumstances.

    He stated that legal professionals additionally want to installed additional effort to be sure that litigants get justice in time.

    Calcutta Top Courtroom Bar Affiliation president Arunabha Ghosh stated that owing to the insufficient power of the bench, a scenario has additionally arisen the place judges aren’t all the time getting jurisdiction as in line with their specialisation.

    Jurisdiction of a pass judgement on is the discretion of the Leader Justice which denotes the themes on which a pass judgement on will pay attention petitions.

    “Many suggestions of the prime courtroom collegium that have additionally been handed by way of the Preferrred Courtroom collegium are pending earlier than the Union Legislation and Justice ministry,” he stated, keeping up those require to be acted upon sooner.

    Claiming that greater than 200 posts of judges in prime courts around the nation are vacant, Ghosh referred to as for instant filling up of those posts for fast disposal of circumstances.

    Protecting that the collection of carrier judges must be larger within the decrease judiciary, he also known as for extra concerted efforts by way of the entire stakeholders to fast-track the justice supply gadget.

    A joint convention of leader ministers and leader justices of prime courts used to be hung on April 30 in New Delhi to speak about advent of frameworks for easy and handy supply of justice.

  • Criminal fight occurring in Calcutta HC for 150 years and rising outdated

    Specific Information Provider

    KOLKATA:  Imagine it or no longer, a prison fight has been occurring within the Calcutta Top Court docket for the previous 150 years. Stated to be the longest-heard prison topic within the nation, the litigation has its foundation in 1872 when the British colonial legislation used to be reigning perfect. The unique petition associated with Rani Rashmoni’s Arpan-nama (determination of deeds) for the operating of Dakshiineshwar temple, which receives devotees from far and wide the rustic. 

    Philanthropist and founding father of the temple Rashmoni had, an afternoon ahead of her loss of life in 1861, appointed 5 individuals as sebaits to run the temple.  She had signed the deed within the presence of six witnesses and it used to be registered in Alipore court docket six months after her loss of life.

    In 1872, two of the sebaits petitioned ahead of a British pass judgement on of the top court docket that the deed doesn’t point out the principles and laws to run the temple. After listening to the case for 40 years, the court docket in 1912 chalked out a scheme to run the temple’s affairs and in 1929, the court docket urged to factor a brand new guiding principle and shape a board of trustees to run the temple.

    Because the selection of sebaits of the temple crossed greater than 200, the case used to be once more heard in 1972 to make a decision their balloting rights in electing the board of trustees. The court docket handed an order in 1986 announcing the election can be held each and every 3 years beneath the supervision of a court-appointed officer.

    The case used to be once more positioned ahead of the court docket in 2021 during which it used to be claimed that the top of the board used to be being elected for the previous 35 years protecting the sebaits in darkish. The case is being heard at the foundation of the unique petitions by means of the 2 sebaits in 1872.

    Additions to the trailing litigation
    The data to be had with the HC display that the case is being heard at the foundation of the unique petitions of 1872. The newest addition to the dispute is that the top of the trustee board used to be being elected for the previous 35 years protecting the sebaits in darkish

  • Trial in absentia regulations in CrPC want to alternate for higher amendments of justice: Calcutta Prime Courtroom

    By means of PTI

    KOLKATA: The Calcutta Prime Courtroom on Friday advisable that amendments be made to the Code of Felony Process (CrPC) for incorporating provisions for trial in absentia of an absconding accused for higher management of prison justice.

    It put aside, as in line with the prevailing regulation, a decrease court docket order that allowed deposition of a gang rape sufferer recorded right through the trial of 3 different accused in the similar case for use towards two absconding accused, who had been arrested later.

    A department bench presided by way of Justice Joymalya Bagchi used to be passing its judgement on a petition by way of Kader Khan, an accused within the notorious Park Boulevard gangrape case of 2012, that challenged the trial court docket order permitting the prosecution to make use of deposition of the sufferer, who died in March 2015, towards him right through the trial.

    He had absconded following the incident and used to be arrested in September 2016.

    The prime court docket stated that segment 299 of the CrPC supplies for an exception to the peculiar rule that proof in a prison trial is to be recorded in presence of an accused and allows the proof of a useless witness for use towards an absconder in a next trial, however the prosecution has to acquire a previous course from the attempting court docket that the proof of the witnesses is recorded towards the absconder additionally.

    “I’m not able to believe the trial Courtroom that the deposition of the rape sufferer recorded all through previous trial and her remark sooner than the Justice of the Peace exhibited therein, will also be stated to be admissible within the next trial of the absconding petitioner,” the bench seen.

    The bench, additionally comprising Justice Bivas Pattanayak who concurred with Justice Bagchi’s judgement, stated that this unlucky lack of precious proof of a rape sufferer arises because of the superiority of an archaic regulation in the case of the trial of absconders which doesn’t recognise the evolution of regulation in the case of waiver of truthful trial rights of an absconder justifying trial in absentia and emergence of rights of sufferers, in particular sufferers of sexual abuse, towards secondary victimisation by way of giving repeated depositions in court docket.

    It seen that the discretion of the court docket to take a look at an absconder in absentia, when exercised with due care and circumspection, can’t be stated to be incompatible with not unusual regulation or Article 6 of the Eu Conference of Human Rights.

    Trial in absentia could also be recognised in different not unusual regulation international locations, e.g.New Zealand, Canada underneath positive cases and classes of offences, the bench seen, including that during Bangladesh additionally, segment 339B of Bangladesh CrPC has been integrated to offer for trial in absentia.

    Noticing the alarming development of abscondence used to be affecting lengthen in trials, the Ideal Courtroom had in an order quoted segment 339B of the Bangladesh CrPC and seen that suitable authority might take cognizance of the stated regulation, the department bench stated.

    Despite such commentary of the Apex Courtroom no modification has been made to Phase 299(1) CrPC to offer for trial in absentia of an absconder which might keep away from unlucky lack of precious proof because of demise of a witness as within the provide case.

    The bench directed the Registrar Common of the prime court docket to ship a replica of the judgment to the fundamental secretaries to the Ministry of House Affairs and Ministry of Regulation and Justice, Union of India for attention of the proposal.

    The bench stated that segment 299 of the CrPC is not just an exception to the peculiar rule that proof in a prison trial is to be recorded in presence of an accused but additionally carves out an exception to the overall rule of relevancy engrafted in segment 33 of the Proof Act and allows the proof of a useless witness for use towards an absconder in a next trial even if the absconder didn’t have alternative to cross-examine such witness within the previous continuing.

    The bench stated that if the proof is so recorded towards the absconder, it can be used towards him within the next trial upon his arrest if the witness is useless or incapable of giving proof or isn’t discovered.

    The bench famous that within the provide case, the prosecutor didn’t make any prayer sooner than the trial court docket right through the sooner trial of the co-accused individuals that the prosecution proof recorded within the stated trial be additionally recorded towards the absconder.

  • Bangladesh envoy taken for a trip in identify of Bollywood singer tournament

    Through Specific Information Carrier

    KOLKATA:  The Bangladesh deputy prime commissioner in Kolkata used to be cheated of Rs 8 lakh through fraudsters who promised a musical soiree of Bollywood singer Shreya Ghoshal in Dhaka. The incident got here to mild when artist Chirantan Bandopadhyay, additionally duped of Rs 20 lakh through the similar staff of fraudsters, moved the Calcutta Top Courtroom. The artist went to  court docket after the police didn’t make any headway.

    The plot to dupe the 2 events opened up in January, a police officer mentioned. ‘’The suspects created a fictitious organisation the use of the identify of a real corporate. They defrauded the deputy prime fee’s workplace of Rs 8 lakh as advance. The cash used to be despatched to the  account of 1 Krishna Sharma, the director of the fictional corporate. The deputy prime fee gained acknowledgement message from a faux electronic mail ID and WhatsApp collection of Shreya Ghoshal,’’ mentioned the officer.

    The message knowledgeable that the singer would succeed in Bangladesh an afternoon earlier than the scheduled tournament for which two rooms in a five-star resort have been asked. ‘’The deputy prime commissioner’s workplace attempted to touch the fictional organisation earlier than the development to a get ultimate affirmation however their e-mails and messages went unanswered,” police mentioned.

  • CBI information earlier than Calcutta HC probe development experiences in Birbhum killings, TMC chief’s homicide

    Via PTI

    KOLKATA: The CBI on Monday submitted earlier than the Calcutta Top Courtroom probe development experiences within the Birbhum arson case, which left 10 folks useless, and the homicide of TMC panchayat deputy leader Bhadu Sheikh that allegedly resulted in the killings.

    A department bench comprising Leader Justice Prakash Shrivastava and Justice R Bharadwaj, which ordered a CBI probe into the 2 incidents, had directed the company to record the development experiences at the investigations on Might 2.

    The bench had on March 25 ordered that the probe into the March 21 violence at Bogtui in Birbhum district be passed over to CBI from the West Bengal government-appointed particular investigation workforce.

    It had due to this fact on April 8 ordered that the investigation within the homicide of Bhadu Sheikh be additionally passed over to the CBI from the state police, watching that the second one incident prima facie appears to be the autumn out of the homicide of Sheikh.

    Ten folks, together with ladies and kids, died after miscreants set fireplace to homes in Bogtui village on March 21.

    The bloodbath came about in a while after Sheikh used to be killed.

  • CBI recordsdata probe growth document of Hanskhali rape case ahead of Calcutta Prime Courtroom

    Via PTI

    KOLKATA: The CBI on Monday filed a growth document ahead of the Calcutta Prime Courtroom on its probe into the case of gangrape and next dying of a minor woman in Hanskhali space of West Bengal’s Nadia district.

    The court docket made it transparent that the id of the lady would now not be disclosed via any person.

    The central company submitted in a sealed quilt the growth document ahead of a department bench presided via Leader Justice Prakash Shrivastava, at the route of which it undertook the investigation.

    The CBI on Friday arrested two individuals together with a TMC panchayat member, who’s father of top the accused, taking the overall selection of arrests within the case to 6.

    Anindya Sundar Das, one of the most petitioners within the PILs that had prayed for the CBI probe within the Hanskhali incident on April 4, had prayed for switch of the trial within the case to Kolkata from Nadia, claiming that the primary accused, being the son of a ruling birthday party chief, would possibly affect lawsuits there.

    The bench, additionally comprising Justice R Bharadwaj, directed Das to provide a duplicate of the applying to all events involved.

    It mentioned that the events may just report a reaction to the similar ahead of the following date of listening to, scheduled on Might 20.

  • Suspended through Speaker, 5 West Bengal BJP MLAs together with Suvendu Adhikari transfer Calcutta HC

    By means of PTI

    KOLKATA: 5 BJP MLAs, together with Chief of Opposition Suvendu Adhikari, on Wednesday filed petitions earlier than the Calcutta Prime Court docket difficult their suspension from the West Bengal Meeting through Speaker Biman Banerjee.

    Considered one of their attorneys mentioned that the petitions usually are heard earlier than the best bench of the top court docket quickly. The 5 BJP MLAs have been suspended through the Speaker for long run classes this 12 months for his or her alleged unruly habits within the Area on March 28, the final day of the Funds consultation.

    But even so Adhikari, the opposite MLAs come with Dipak Burman, Shankar Ghosh, Manoj Tigga, and Narahari Mahato.

    The meeting had witnessed pandemonium at the day as ruling TMC and BJP MLAs scuffled after saffron birthday celebration legislators demanded a commentary through Leader Minister Mamata Banerjee over the “worsening” regulation and order state of affairs within the state.

  • Instructor recruitment rip-off: HC extends keep on order summoning Bengal minister to look prior to CBI

    Via PTI

    KOLKATA: In a short lived aid to senior West Bengal minister Partha Chatterjee, a department bench of the Calcutta Prime Courtroom Wednesday prolonged a keep for 4 weeks on an previous order that directed him to look prior to the CBI in reference to a petition alleging irregularities in appointment of assistant lecturers in state government-aided colleges.

    The department bench comprising Justices Subrata Talukder and A Okay Mukherjee additionally refused to simply accept the resignation of Justice (retired) R Okay Bag from the chairmanship of a committee appointed previous by means of every other department bench of the court docket to inquire into the allegations, and asked it to finish investigation in Workforce C-post appointments.

    The panel has already submitted its record at the probe into Workforce-D appointments.

    The bench directed that the keep granted by means of it on an order of Justice Abhijit Gangopadhyay that requested Partha Chatterjee to look prior to the CBI by means of Tuesday night will proceed for 4 weeks from Wednesday.

    The bench additionally directed the Bag Committee to post its record by means of Might 13, when the topic will arise for listening to once more.

    Chatterjee used to be the state training minister when the alleged appointments had been made.

  • Calcutta Prime Courtroom bars CBI from taking ex-SSC consultant into custody in recruitment scandal

    Via PTI

    KOLKATA: A department bench of the Calcutta Prime Courtroom on Tuesday refused to intrude with an order of a unmarried bench that directed former consultant of West Bengal College Provider Fee SP Sinha to look sooner than the CBI in reference to alleged irregularities in recruitment however barred the company from taking him into custody.

    Sinha went to the CBI administrative center at 5.10 pm of Tuesday following the order of the department bench.

    Gazing {that a} keep granted to him by means of every other department bench presided by means of Justice Soumen Sen expired on Monday, Justice Abhijit Gangopadhyay approved the Central Bureau of Investigation to carry custodial interrogation of him and directed the officer-in-charge of Survey Park Police station in Kolkata to make sure the presence of Sinha sooner than the company.

    Taking on an enchantment by means of Sinha, the department bench presided by means of Justice Subrata Talukdar didn’t intrude with the order of Justice Gangopadhyay that he has to look sooner than the CBI on Tuesday itself, whilst directing that the company is not going to take him into custody.

    Justice Gangopadhyay directed Sinha to look sooner than the central company for interrogation by means of 3 pm of Tuesday “because the keep order he was once playing until Monday has no longer been prolonged by means of any courtroom of legislation”.

    The department bench presided by means of Justice Talukdar directed Sinha to look sooner than the CBI throughout the day.

    The department bench headed by means of Justice Sen had on Friday granted a keep on Justice Gangopadhyay’s previous order for Sinha’s look sooner than the CBI until Monday.

    The central company had on Thursday wondered Sinha on an order of the only bench.

    Justice Gangopadhyay on Monday directed 4 contributors of a five-man committee constituted by means of the West Bengal College Training Division in November, 2019 for tracking pending recruitment of educating and non-teaching body of workers in government-aided faculties to look sooner than the CBI in reference to alleged irregularities within the procedure by which the courtroom had previous ordered the central company to carry an enquiry.

    The committee was once headed by means of Sinha and the opposite 4 contributors had been S Acharya, PK Bandopadhyay, AK Sarkar and T Panja.

    A department bench comprising justices Harish Tandon and Rabindranath Samanta on Monday launched all issues it was once listening to in an enchantment difficult orders of the only bench when it comes to alleged irregularities within the appointments.

    The only bench of Justice Gangopadhyay had on March 30 wondered an order of the department bench within the enchantment difficult his course for submission of a testimony of property by means of Sinha in a petition alleging irregularities within the appointments.

    Thereafter, 3 department benches of the top courtroom refused to listen to the enchantment on Monday and every other department bench on Tuesday didn’t agree to listen to the topic and returned it to the courtroom of the executive justice.