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Trinamool targets High Court judges by Name

June 22, 2025, 2:25 am

‘Targeting judges by name creates a chilling effect, discouraging impartial rulings,’ said a senior advocate from the Calcutta High Court.

KOLKATA: With the Mamata Banerjee government facing setback after setback before the Calcutta High Court and the Supreme Court of India, the Trinamool Congress (TMC) party has trained its guns on the judges who passed the verdicts and orders. Recently, the TMC has targeted Calcutta High Court Justices Amrita Sinha, Rajasekhar Mantha, and Debangshu Basak for issuing rulings perceived as unfavourable to the party’s interests. The criticism has come in the form of public statements and protests.

TMC spokesperson Kunal Ghosh has criticised the judges by name, a practice that has few parallels in recent memory. “Targeting judges by name creates a chilling effect, discouraging impartial rulings,” said a senior advocate from the Calcutta High Court, speaking anonymously. Justice Sinha has long been a focal point of TMC’s ire due to her stringent orders in high-profile cases involving the party. She has been hearing matters related to the West Bengal School Service Commission (SSC) recruitment scam, including cases implicating TMC general secretary Abhishek Banerjee. She imposed a Rs 25 lakh fine on Banerjee, prompting accusations of bias from TMC leaders, including Banerjee himself, who moved the Supreme Court to request that cases involving him not be heard by Sinha.

This week, she issued an interim stay prohibiting the State Government’s financial relief scheme for nonteaching staff who lost jobs after a Supreme Court order, which TMC labelled a move by “anti-Bengal” forces. The 26,000 teachers and non-teaching staff lost their jobs after a Supreme Court judgment in a case in which the former TMC number two and Education Minister Partha Chatterjee and a host of party leaders are behind bars for corruption. “Once the Supreme Court decided the issue of illegal appointment conclusively and opined that the appointments were the result of fraud, no person who was the beneficiary of a fraudulent act of the statutory authority ought to be provided any support, that too, from the public exchequer,” Justice Sinha stated in her order.

In 2023, Justice Sinha’s husband, Pratap Chandra Dey, was summoned for questioning by the CID, and his allegations triggered a political row. “I was treated like a criminal, accused of some heinous crime. I was questioned by more than one officer, and questions were asked only about my wife… The video [camera] was switched on and off at their convenience. The torture and harassment went on for three and a half hours. I was permitted to leave at about 3:30 pm,” Dey, a lawyer, wrote in a letter addressed to the president of the Metropolitan Magistrate Court Bar Association. The letter added that a notice under Section 160 of the CrPC was issued directing him to appear at the office of the Economic Offences Wing, CID, West Bengal.

The CID accused Dey of using his influence as the spouse of a sitting High Court judge to favour his client. Justice r Mantha is another judge who faced TMC’s brickbats. This week, his bench stayed the West Bengal government’s new OBC list, citing concerns over its constitutionality, as data showed that over 86% of newly added groups belonged to the Muslim community, raising questions about religious bias for electoral gain. In 2023, Mantha faced TMC’s ire after he restrained West Bengal police from investigating complaints against BJP leader Suvendu Adhikari, a decision TMC criticised as favouring the Opposition. In December 2022, Mantha ordered the stay of 17 FIRs against Adhikari and required High Court approval for new FIRs, which he deemed politically motivated by the State police.

Following this, a section of lawyers held protests outside his courtroom. Several posters targeting the judge appeared in the Calcutta High Court premises and near the judge’s residence in South Kolkata. Ghosh said, “There is a clear pattern in the manner in which these judges – specifically Justices Sinha, Mantha, and Basak – have passed orders. The general public is questioning their impartiality and saying that they are anti-Bengal.” Ghosh maintains that the party’s criticism is a legitimate exercise of free speech and not an attack on the judiciary. He argued that questioning judicial decisions is necessary when rulings appear to favour the BJP or disrupt the state’s governance.

Earlier, the party targeted former Justice Abhijit Gangopadhyay, who faced similar criticism before joining the BJP. “It was because of the Trinamool’s challenge that I decided to quit the judiciary and join active politics,” the former judge told The Sunday Guardian while campaigning in the last Lok Sabha elections for Tamluk constituency, which he won. Justice Basak was part of a High Court bench that ordered the sacking of 26,000 teachers and non-teaching staff, stating that corruption in their appointment process was so endemic that it was “impossible to separate the grain from the chaff.” BJP leader Amit Malviya accused the TMC of seeking a “committed judiciary” to suppress dissent, citing the protests as evidence of TMC’s intolerance for judicial scrutiny.

CPI(M) leaders echoed similar sentiments, calling for institutional safeguards to protect judges. Retired IAS officer and former TMC Rajya Sabha MP Jawhar Sircar said, “While TMC frames its rhetoric as democratic critique, the naming of judges and associated protests amount to intimidation and threaten judicial independence. As West Bengal’s political landscape remains polarised, the judiciary’s role as a check on power needs safeguards to protect its autonomy.”

“The TMC’s actions show a disregard for democratic institutions. However, they cannot bully the judiciary into submission,” said Bikash Ranjan Bhattacharyya, advocate and CPI(M) Rajya Sabha MP, who has played a pivotal role in all the cases against the TMC and the Bengal government.

Calcutta High Court Seeks Clarification on Further Probe in RG Kar Case

December 25, 2024, 9:40 am

The Calcutta High Court advised the parents of the RG Kar rape-and-murder victim to seek clarification from the Supreme Court (SC) and the High Court’s division bench regarding their request for a further investigation on Tuesday. The court will hear the matter again on January 15.

Parents’ Concerns Over CBI’s Probe

The parents’ lawyer expressed doubts about the CBI’s investigation. He argued that critical evidence had “disappeared” and urged the court to order a , fresh probe “soon.” According to the lawyer, the current investigation was not thorough enough in RG Kar case.

CBI Defends Its Investigation

In response, CBI counsel Rajdeep Majumdar explained that the agency had submitted three status reports to the SC after filing the chargesheet. Furthermore, he pointed out that both the SC and the High Court division bench were already aware of several issues concerning the investigation.

Court’s Ruling and Next Steps

Considering these arguments, the court highlighted a “lack of judicial discipline” in handling the case. It instructed the parents’ lawyer to seek clarification from both the SC and the High Court before proceeding with the case’s merits. Additionally, when the lawyer mentioned that the parents sought investigation into areas not covered by the CBI, the court ordered the CBI to be included as a party to the case.

HC Asks TMC Govt To Clear Stand On ‘Threat Culture’ In Medical Colleges

September 28, 2024, 1:30 am

The Calcutta High Court has asked the West Bengal government to respond to serious allegations about a threat culture in state-run medical colleges and hospitals.
This directive follows a public interest litigation (PIL) filed by a doctor and a social worker, who reported instances of bribery, corruption, sexual harassment, and abuse among medical students and junior doctors.

Observing that allegations of a threat nexus in medical colleges in West Bengal are serious if even one or more of these are correct, the Calcutta High Court has directed the State Government to file an affidavit responding to the accusations made in the PIL.
The petitioners alleged that they have come across multiple reports regarding the existence of a threat culture in State Government-run medical colleges and hospitals, sale of answer keys for examinations, bribery, corruption, sexual harassment and abuse of medical students and junior doctors.

The court also noted that the petitioners, a doctor and a social worker, mentioned a “north Bengal lobby”, which according to them exerts pressure for transfers and promotions.
Noting that several serious allegations had been made in the public interest litigation (PIL), the Division Bench presided by Chief Justice T.S. Sivagnanam observed: “If any one or more are found to be correct, the matter is a very serious issue.” The court then fixed the matter for further hearing on November 21. The bench, also comprising Justice Bivas Pattanayak, directed the National Medical Commission and the West Bengal Medical Council, who are respondents in the PIL, to give their inputs in the matter.

The petitioners prayed for a direction for the conduct of a probe into the alleged threat nexus syndicate by constituting a special investigation team (SIT) to be led by a former judge of this court. The petitioners also gave to the court names of some persons who, according to them, are the nexus leaders and claimed that the Government has transferred some of them to other hospitals and certain other persons have been placed under suspension.

The petitioners have requested an investigation into the alleged threat nexus by a special investigation team (SIT) led by a former judge of the court.
They have also sought the preservation of all records, including electronic records, kept at the medical colleges and hospitals.

SC overturns Calcutta HC’s directive for adolescent girls to ‘control sexual urges’

August 20, 2024, 5:54 pm

On Tuesday, the Supreme Court of India overturned a controversial Calcutta High Court judgment that had advised adolescent girls to “control their sexual urges” and acquitted a man accused of raping a minor with whom he later married. The apex court, led by Justices Abhay S. Oka and Ujjal Bhuyan, reinstated the man’s conviction, criticizing the High Court’s earlier decision.

The Calcutta High Court’s judgment had been widely criticized for its implications. The High Court had acquitted the man based on the premise that the minor girl was involved in a ‘romantic affair’ with him. The High Court’s ruling suggested that adolescent girls should manage their sexual urges rather than succumb to them, labeling such urges as controllable and advising against engaging in sexual activity.

The Supreme Court took issue with this reasoning, labeling it as “problematic” and “highly objectionable.” Justices Oka and Bhuyan noted that the High Court’s observations were not only inappropriate but also lacked judicial objectivity. The Court had earlier remarked that such judgments should not include personal views or moral preaching from the bench.

In response, the Supreme Court issued new guidelines for judges handling cases involving adolescents, aiming to prevent similar issues in the future. The detailed judgment is yet to be published, but the Court’s criticism was directed at the High Court’s approach, which conflated consensual acts among adolescents with sexual abuse and suggested decriminalizing consensual sexual activities involving adolescents over 16.

The High Court had argued that adolescent sexual urges are influenced by external actions and proposed a duty-based approach. It suggested that adolescent girls and boys should take responsibility for controlling their sexual urges to avoid becoming victims or perpetrators of sexual misconduct. For girls, it suggested protecting their bodily integrity and dignity by controlling their sexual desires to prevent societal judgment.

The Supreme Court’s intervention corrects this perspective, reinforcing the principle that sexual violence is never justified, regardless of the victim’s age or circumstances. By reinstating the conviction, the Supreme Court underscored that legal standards must uphold the rights and protection of minors unequivocally, without imposing moral judgments or suggesting that victims share responsibility for the crimes committed against them.

Senior advocate Madhavi Divan was appointed as amicus curiae to assist in the case, alongside advocate Liz Mathew. Their role was crucial in navigating the complexities of the case and ensuring that the legal principles were appropriately applied.

The Supreme Court’s decision not only reaffirms the conviction but also sets a precedent for handling similar cases with greater sensitivity and adherence to established legal standards.

Calcutta HC Orders Ex-RG Kar Principal to Submit Leave Application Amid Appointment Controversy

August 13, 2024, 1:55 pm

The Calcutta High Court has instructed Sandip Ghosh, the former principal of RG Kar Medical College, to submit a leave application by 3 pm on Tuesday. This directive follows protests triggered by Ghosh’s immediate appointment as principal of Calcutta National Medical College and Hospital in Kolkata after his resignation.

Ghosh resigned from his position at RG Kar Medical College on Monday, citing defamation on social media following the rape and murder of a trainee doctor on the hospital premises.

On Tuesday, the Chief Justice’s division bench of the Calcutta HC was reviewing several PILs related to the case. During the hearing, the Chief Justice questioned the decision to appoint Ghosh to another government college despite his resignation over moral responsibility.

“How can someone who resigned on moral grounds be appointed as the principal of another institution? The court has asked him to submit a leave application by 3 pm today, or it will order his removal from the position,” the court stated.

The court further noted that while Ghosh might hold an administrative role, he should have been the first person to be questioned in the investigation. “Why is he being protected? Record his statement and let him disclose whatever information he has,” the court instructed the state counsel.

The Chief Justice’s division bench also directed the state government to present the case diary, Ghosh’s resignation letter, and his appointment letter to the court. “It is crucial to examine what he wrote in his resignation letter,” the court added.

On Monday, West Bengal CM Mamata Banerjee stated that she had instructed the police to arrest the accused as quickly as possible. She added that if the police are unable to resolve the case, it would be handed over to the Central Bureau of Investigation (CBI).

“A postgraduate trainee doctor was found dead in the seminar hall of RG Kar Medical College and Hospital in Kolkata on August 9. The investigation has confirmed rape and murder,” she said. Banerjee also mentioned that despite the presence of nurses and security, it remains unclear how the incident occurred. She assured that the police, forensic teams, and other departments are working diligently to apprehend the suspect.

Calcutta HC Orders Dr. Sandip Ghosh on Leave Amid Outcry Over Doctor’s Murder

August 13, 2024, 1:55 pm

The Calcutta High Court has mandated that Dr. Sandip Ghosh, the former head of Kolkata’s RG Kar Medical College and Hospital, take an extended leave. This follows the tragic incident last week in which a doctor was raped and murdered at the hospital. Dr. Ghosh, who had resigned in the wake of the incident, citing his emotional distress and resignation statement, “the girl who died was like my daughter… as a parent, I am resigning,” was swiftly reappointed as Principal of the Calcutta Medical College and Hospital just a day later.

The court has expressed strong dissatisfaction with the state’s handling of the case, questioning whether Dr. Ghosh’s apparent lack of empathy and the rapid reassignment to another prestigious position were appropriate responses to the incident. Chief Justice TS Sivagnanam highlighted, “The Principal is the guardian of all doctors working there… if he doesn’t show any empathy who will show? He should be at home not working anywhere.”

The court’s criticism extended to the delays and perceived insensitivity in informing the victim’s family about the case, as well as the possibility that Dr. Ghosh was being protected. “Why do you protect him?… Let him tell the truth… something is missing here,” the court remarked.

Dr. Ghosh had stayed in Paris to appeal to the Court of Arbitration for Sport (CAS) regarding a joint silver medal following his disqualification from the Paris Olympics. He was represented by senior counsels Harish Salve and Vidushpat Singhania, and the CAS hearing was held on Friday. Despite the court’s pressure, it extended the verdict announcement deadline to Tuesday, 9:30 pm IST.

The court’s scrutiny also included the gruesome details of the victim’s injuries, which have sparked nationwide protests from doctors demanding safer workplaces. The court has emphasized the need for heightened security measures and greater sensitivity from the state authorities.

Sanjoy Roy, a civic volunteer at the hospital, has been arrested in connection with the crime. Chief Minister Mamata Banerjee has given the state police a deadline until Sunday to complete their investigation, with the possibility of the CBI taking over if progress is not satisfactory.

HC restrains Mamata from making ‘defamatory statement’ against Guv

July 17, 2024, 1:52 am

A single bench judge of the Calcutta High Court on Tuesday directed West Bengal Chief Minister Mamata Banerjee not to make any ‘defamatory statement’ or ‘incorrect statement’ against West Bengal Governor Dr. C.V. Ananda Bose.
A bench of Justice Krishna Rao which was hearing a petition filed by Bose stated that it was of the “view that the statements have been made in reckless manner in order to cause injury to the reputation of the plaintiff, the Court would be justified in granting injunction. If at this stage, an interim order is not granted it would give the free hands to the defendants to continue making defamatory statements against the plaintiff and continue to tarnish the reputation of the plaintiff”.
“Considering the above circumstances, this court finds that the plaintiff has made out a prima facie case and balance of convenience are in favour of the plaintiff and at this stage, an interim order is not granted and the defendants are permitted to continue making defamatory statement against the plaintiff, the plaintiff will further suffer irreparable loss and injury of his reputation. In view of the above, the defendants are restrained from making any defamatory or incorrect statement against the plaintiff by way of publication and on social platforms till 14th August, 2024,” the judgment said and posted the matter for next hearing on August 14.
The court in its order noted that the defamatory statements made by the defendants were already in the public domain, with criminal complaints and police investigations ongoing. Despite this, the court emphasized that the defendants should not continue making reckless statements that could further tarnish the plaintiff’s reputation.The court highlighted the need to balance the right to freedom of speech under Article 19(1)(a) of the Indian Constitution with the right to reputation, which is a part of the right to life under Article 21. It was stressed that the right to free speech does not include the right to make defamatory statements.
The lawyers of Dr. Bose, had sought an interim order against Banerjee for allegedly making defamatory statements about him in various newspapers and a video published on Twitter. The Governor claimed that these statements, published on June 28 in the Indian Express, Times of India, The Hindu, and the Bengali newspaper Khabar 365 Din, had severely tarnished his reputation, causing immense mental and emotional distress.
According to him, the defamatory statements suggested that women feel unsafe visiting Raj Bhavan, the Governor’s residence, and implied that Dr. Bose was deliberately delaying the swearing-in of two newly elected AITC members of the West Bengal Legislative Assembly due to political rivalries. The statements also allude to allegations of misconduct involving a female staff member at Raj Bhavan, further questioning the Governor’s character.
On the other hand, the defense had contended that the suit is not maintainable because the media personnel and publishers of the alleged defamatory content have not been made defendants in the case. They argue that the statements were made in public interest and are not defamatory. It had further claimed that the Governor’s actions regarding the swearing-in process were already in the public domain, and the statements reflect legitimate concerns.
In India’s history, conformation between CM and Governor and Presidents have happened in the past but are rare.
In the mid-1980s, there was a significant standoff between Prime Minister Rajiv Gandhi and President Giani Zail Singh. During his first term as CM of Madhya Pradesh, Digvijaya Singh had a contentious relationship with Governor Bhai Mahavir.
Similarly, in 2015-16, the political crisis in Arunachal Pradesh saw a confrontation between the Governor J.P. Rajkhowa and Chief Minister Nabam Tuki which wen to the Supreme Court.
In 2016, Governor K.K. Paul’s recommendation for President’s Rule was challenged by Chief Minister Harish Rawat. The matter went to the High Court and later the Supreme Court, which eventually reinstated Rawat as Chief Minister. In Kerala, Governor Arif Mohammad Khan and Chief Minister Pinarayi Vijayan have had several public disagreements. Similarly, in Tamil Nadu, the faceoff between CM MK Stalin and Governor Rn Ravi has created headlines in newspapers almost daily.

HC to hear Governor’s defamation case on Monday

July 11, 2024, 3:53 am

The Calcutta High Court will hear the defamation petition filed by Bengal Governor CV Ananda Bose against Chief Minister Mamata Banerjee on Monday.
Justice Krishna Rao on Wednesday granted leave for the defamation plaint to be registered before his court.
He directed that Bose’s application for an interim order for a direction upon Banerjee and the other Trinamool Congress leaders not to make any further comment on the issue under contention will be taken up for hearing on Monday.
Governor Bose had filed a defamation case against Banerjee on June 28, a day after the Chief Minister claimed that women had complained to her that they were afraid to visit the Raj Bhavan.
Justice Rao also directed Bose’s lawyer to serve copies of the application to the defendants in the suit in the meantime.
During an administrative meeting in the State secretariat on June 27, Banerjee had said: “Women have informed me they are afraid to visit the Raj Bhavan due to recent incidents reported there”.
Following her remarks, the Governor had said it was expected of public representatives not to create “erroneous and slanderous impressions”.
On May 2, a contractual woman employee of Raj Bhavan had made an allegation of molestation against Bose, following which the Kolkata Police started an inquiry. The woman said that Bose molested her on April 24, 2024, and again on May 2, 2024.
Bose invoked his Constitutional immunity under Article 361 to stymie the probe by the State police.
The former Raj Bhavan staffer, who had filed a molestation complaint against Ananda Bose, moved the Supreme Court last Wednesday, questioning how constitutional immunity granted to the Governor could curb her fundamental right to life. The case is likely to come up for hearing later this week.
The woman urged the apex court to direct police to “carry out an investigation based on the sexual allegations raised by her”.
She also sought protection and security for herself and her family and compensation for loss of reputation and dignity. She questioned the manner in which Raj Bhavan branded her a “liar” and the Governor gave “his own self a clean chit”.
In her petition, the woman said she had been “rendered voiceless and shunned to a life of depravity and ridicule” and was under “extreme distress” and had “no urge to live a life with such a black mark on her character”. Arguing that while Article 361 gives a Governor immunity from criminal proceedings while discharging his duties, she questioned how could “sexual harassment and molestation form part of Governor’s duties”.
She added that in such a case she would get no remedy and the only option for her would be “to wait for the accused to demit his office”, a delay that would be difficult to explain during trial, rendering the entire procedure a mere lip service, without any justice to her.
Under Article 361 of the Constitution, no criminal proceedings can be instituted against a Governor during his/her term in office.

Sandeshkhali Case: Supreme Court Upholds CBI Probe Order, Rejects West Bengal’s Plea

July 8, 2024, 1:14 pm

The Supreme Court dismisses West Bengal government’s appeal against Calcutta High Court’s decision to order a CBI probe into allegations of land grabbing and sexual assault in Sandeshkhali.

In Sandeshkhali, an island in Sundarbans, tensions have escalated amid allegations of sexual assault and land grabbing involving local Trinamool Congress leaders. Sheikh Shahjahan and his associates are at the heart of these accusations, which have sparked outrage in West Bengal, particularly among women in the village.

In February, a woman accused a Trinamool Congress leader of sexual assault at a nearby party office. Two days after she testified before a magistrate, her house was attacked in the dead of night.

Ensure return of poll violence victims by Tuesday: Cal HC

June 22, 2024, 3:21 am

The Calcutta High Court on Friday directed the West Bengal Government to take steps to ensure that people displaced due to post-poll violence in the State return to their homes by Tuesday. It directed the police to keep a strict vigil in the areas where violence had taken place and ensure that such incidents do not recur. The court also directed that Central forces would remain in the State till June 26. Earlier, the forces were to remain in the State till June 21.

The directives were issued by a Division Bench presided over by Justice Harish Tandon while hearing petitions regarding allegations of violence in West Bengal after the Lok Sabha elections.
“Several complaints on this count have surfaced before, and fresh complaints are surfacing every day. We want to have a clear picture of the scenario. We want the displaced to return to their homes by next Tuesday. The police need to be more active in those pockets where complaints continue to surface,” the Bench observed.

Lawyer-petitioner Priyanka Tibrewal, in an affidavit submitted before the court, gave a list of people displaced from their homes and of those whose houses were looted. “Though my affidavit has details of only about 400 people who have been displaced and about 100 cases of houses being looted, the actual number across the State is many times more,” Tibrewal told The Daily Guardian.

Tibrewal, who is a lawyer and a BJP leader, and the Leader of the Opposition in West Bengal Assembly Suvendu Adhikari, in their separate PILs, alleged that activists of a particular political party were being subjected to atrocities following the Lok Sabha election process.

The Calcutta High Court Division Bench, headed by Justice Harish Tandon, reviewed the situation amidst numerous petitions concerning post-Lok Sabha election violence in the State. The Court also suggested that, if necessary, the State could take the help of Priyanka Tibrewal, “who has all the information and can be the contact person to get to those affected by the violence.”

This followed the State’s Advocate-General Kishore Dutta’s revelation that from June 4, when the Lok Sabha election results were declared, till June 18, a total of 859 complaints have been received through email by the Director-General of Police’s (DGP) office. He stated that out of these, 204 complaints constituted cognisable offences and FIRs had been registered. Dutta said that 175 complaints relating to non-cognisable cases have been registered. The AG stated that 219 were duplicate complaints, 26 were incomplete while 14 were under scrutiny.

The Bench, which also comprised Justice Hiranmay Bhattacharyya, observed that serious allegations have been made with regard to violence in the State following the elections, hence the continuation of the deployment of Central forces in such a scenario was “inevitable”.
Dutta submitted that 10 to 12 or even 20 complaints a day with regard to cognisable cases throughout the State does not depict a picture that the State police is unable to handle the situation, but was overruled.

Meanwhile, the West Bengal Governor, CV Ananda Bose, wrote to Chief Minister Mamata Banerjee asking her to take immediate steps to stop poll-related violence in the State.
The Trinamool Congress dismissed the idea that any BJP worker had been forced to flee their home following violence and threats.

“The violence is taking place between followers of the old and newly inducted leaders of the BJP and the Trinamool Congress has nothing to do with it,” said Trinamool Congress spokesperson Kunal Ghosh.
The BJP refused to lend much credence to the Governor’s letter. “He keeps on writing or opening peace rooms and issuing sermons, but nobody listens to him,” said Shankar Ghosh, the BJP’s MLA from Siliguri.

HC Denies Bail To Former WB Education Minister Partha Chatterjee

May 2, 2024, 7:51 pm

The Calcutta High Court has rejected the bail plea of former Education Minister Partha Chatterjee, who is embroiled in the cash-for-jobs recruitment scandal involving the illegal appointment of Assistant Teachers under the West Bengal Board of Primary Education.

The decision came from a single bench of the High Court, which carefully reviewed the evidence, including substantial amounts of money and assets, as well as jewellery seized from Chatterjee and his co-accused, Arpita Mukherjee. The court considered various factors, including the relationship between the accused, the assets seized, and the potential influence on the ongoing investigation.

The court’s ruling highlighted the trust and financial connections established between Chatterjee and Mukherjee, noting that Chatterjee was the nominee in bank accounts and insurance policies related to Mukherjee. Additionally, properties purchased through different companies were registered in Mukherjee’s name. These findings led the court to conclude that Chatterjee had not met the conditions required for bail under Section 45 of the Prevention of Money Laundering Act (PMLA).

The Enforcement Directorate (ED) presented arguments supporting Chatterjee’s continued detention, citing large recoveries of illegal proceeds from Mukherjee’s residence, who is alleged to be Chatterjee’s accomplice. The ED expressed concerns that releasing Chatterjee could lead to potential interference with the ongoing probe, given his stature as a former high-level minister.

The case revolves around a widespread scam where deserving candidates were overlooked for teaching positions, and ineligible candidates were appointed through corrupt means. Seizures totaling Rs 21.90 crores, along with gold jewellery, were made during the investigation, pointing to the magnitude of the alleged money laundering scheme.

Chatterjee’s counsel argued for bail, citing his age, health conditions, and prolonged custody without formal charges being framed. However, the court maintained that the corroborating evidence linking Chatterjee to the illicit proceeds and the risk of tampering with witnesses necessitated his continued detention.

The court’s decision underscores the gravity of the allegations and the ongoing efforts to address corruption in public appointments. Chatterjee, despite his health concerns and legal arguments, remains in custody pending further developments in the case.

The ruling signifies a stern stance against white-collar crime and emphasizes the judiciary’s commitment to ensuring a fair and thorough investigation into matters of financial misconduct and corruption at all levels.

SC to hear Plea Against Calcutta HC’s Decision on Axing 25,753 School Jobs

April 28, 2024, 12:50 pm

The West Bengal government has filed a plea challenging Calcutta’s high court order on canceling 25,753 teaching and non-teaching appointments made by WBSSC in 2016. The Supreme Court will hear the plea on Monday.

According to the details provided by the top court, the bench headed by CJI DY Chandrachud, Justices J.B. Pardiwala and Manoj Misra will hear the plea on March 29.

Why did the West Bengal Government file the plea?

According to the order passed last week, the high court of Calcutta had canceled the appointments of all 25,753 individuals who were selected for various categories of jobs in secondary and higher secondary schools across the state.

As per the division bench of justices Debangsu Basak and Shabbar Rashidi, the high court had directed, that those candidates selected from the expired panels, will have to give back their entire salary drawn by them. Along with an annualized 12 percent interest within the next 4 weeks.

The court further directed the West Bengal School Service Commission (WBSSC), to begin the recruitment from scratch. And also directed the Central Bureau of Investigation to continue its investigation into the matter.

Creation Of Super-Numeric posts

Upon further examination into the state cabinet’s decision to create super-numeric posts, the Calcutta High Court had also ordered the CBI to question the masterminds behind the creation of positions that are reportedly exceeding the available vacancies.

These super numeric posts allegedly provide backdoor entry for incompetent candidates who are recruited illegally.

Violative of Articles 14 & 16 of the constitution

The Calcutta HC also emphasized, that all of these appointments are violative of Article 14 (equality before the law) and Article 16 (prohibiting discrimination in employment in any government office) of the constitution.

What did the Supreme Court say?

Meanwhile, the Supreme Court while admitting the plea, had emphasized that all sides of the party need to be heard.

Justice Abhijit Gangopadhyay Joins BJP Before Lok Sabha Polls

March 7, 2024, 2:01 pm

Justice Abhijit Gangopadhyay, a former judge of the Calcutta High Court, joined the Bharatiya Janata Party (BJP) on Thursday, with the Lok Sabha elections just months away.

After joining the BJP, Gangopadhyay told ANI, “Today’s joining is nice. The way they have welcomed me is overwhelming…Everybody knows corruption is to be fought.”
On Sandeshkhali, he said, “It is a very bad incident. The state leaders have gone there. They have been prevented from reaching there. Despite that, they have reached and stood beside the women there and BJP is taking up the cause of oppressed people in Sandeshkhali”.

In Kolkata, Justice Abhijit Gangopadhyay was formally inducted into the party in the presence of Leader of Opposition Suvendu Adhikari, State Party Chief Sukanta Majumdar, and others.

Welcoming him in the party fold, Sukanta Majumdar said, “As a State President of BJP I welcome former Justice Abhijit Gangopadhyay to our party, to the family of Prime Minister Narendra Modi. I believe the way he has worked as a Justice for deprived, exploited victims of Bengal, he will carry forward that work with the leadership of the BJP”.

“In the coming future, Bengal’s politics will take a turn. This is the right time for the educated youth of Bengal to come forward and contribute to turning the politics of the state for good,” the BJP leader said.

After stepping down from the Calcutta High Court earlier this month, Abhijit Gangopadhyay declared his intention to join the BJP.

There has been rumors that Gangopadhyay will run on a BJP ticket from Bengal’s Tamluk constituency in the upcoming Lok Sabha elections. The Tamluk seat has been a bastion of the ruling Trinamool Congress (TMC) in recent elections; the party has held it since the 2009 election.

Former Justice Abhijit Gangopadhyay has however not indicated anything leaving the decision of his contesting the elections to the BJP.

Calcutta HC Issues Notice to handover Shajahan Sheikh to CBI today

March 6, 2024, 3:20 pm

The Calcutta High Court issued a contempt notice to the West Bengal Crime Investigation Department (CID) and directed them to hand over the custody of Shahjahan Sheikh, the former Trinamool leader accused of extortion, land grab, and sexual assault in Sandeshkhali, to the Crime Investigation Bureau (CBI) by Wednesday. The court mandated that the accused’s custody be transferred to the CBI by 4:30 pm on the same day, emphasizing the state police’s evasion in the matter.

The court labeled Shahjahan Sheikh as a highly influential political figure and stressed the need for a CBI investigation. It stated, “The investigation should be handed over to CBI, and the custody of the accused by 4:15 pm today.” Despite a previous order from the Calcutta High Court, the Bengal government had refused to transfer Shahjahan’s custody to the CBI through the CID.

Simultaneously, the West Bengal government sought an urgent hearing in the Supreme Court challenging the Calcutta High Court’s order for a CBI probe into the Sandeshkhali incident involving an attack on Enforcement Directorate officials on January 5.

Prime Minister Narendra Modi met with women victims of sexual assault in Sandeshkhali, West Bengal, on Wednesday. Describing them as his “parivar” (family), Modi accused the TMC government of shielding the accused, expressing concern about the treatment of women under TMC rule. He criticized the government for not addressing women’s issues and condemned the acts committed by TMC leaders against women from marginalized groups. Modi highlighted the victims’ emotional interaction with him and their appreciation for his understanding of their pain.

Shahjahan Sheikh was arrested on February 29 by West Bengal police, and the Basirhat Court remanded him to 10-day police custody after weeks of inaction.

Calcutta High Court orders Bengal Government to hand over Sheikh Shahjahan to CBI

March 5, 2024, 4:58 pm

The Calcutta High Court granted custody of Sheikh Shahjahan, a former Trinamool leader facing allegations of extortion, land encroachment, and sexual assault in Bengal’s Sandeshkhali, to the CBI on Tuesday. The Bengal Police have been instructed to hand over Shahjahan and all relevant case materials by 4:30 pm.

The Bengal government swiftly contested the decision in the Supreme Court, but its request for an immediate hearing was denied. The Supreme Court stated it would follow standard procedures and directed senior advocate Abhishek Singhvi to bring up the plea before its Registrar-General.

Chief Justice TS Sivagnanam, leading a High Court bench, revoked a previous order establishing a special investigative team comprising CBI and state police officials, transferring the case to the central agency.

Both the Enforcement Directorate and the state separately challenged this decision; the ED advocated for the case to be solely handled by the CBI, while the state preferred the police to conduct the investigation.

Sheikh Shahjahan had been evading authorities since January 5 when a group of Enforcement Directorate officials was assaulted by his supporters while en route to conduct raids. His disappearance and the assault triggered a significant political controversy, with the BJP accusing the ruling Trinamool party, led by Chief Minister Mamata Banerjee, of shielding him.

After 55 days on the run, Shahjahan was apprehended by a special police team and expelled from the Trinamool for six years. His arrest followed three days after the High Court issued an order for his apprehension.

Kolkata Police detains BJP MP Locket Chatterjeeen enroute to Sandeshkhali

February 23, 2024, 1:33 pm

The Kolkata Police intervened and detained Bharatiya Janata Party (BJP) MP Locket Chatterjee on Friday, along with other party leaders, as they were en route to the troubled area of Sandeshkhali. The team, comprising senior BJP leaders, aimed to visit Sandeshkhali in response to the ongoing tensions and unrest in the region.

The team, including Locket Chatterjee, MLA Agnimitra Paul, General Secretary & MLA Madhuchandra Kar, Vice-President Adv. Priyanka Tibrewal, State Secretary Sonali Murmu, State Secretary Falguni Patra, President of Mahila Morcha, and Incharge of Mahila Morcha Paromita Dutta, was scheduled to visit Sandeshkhali on the same day.

Sandeshkhali has been experiencing turmoil for over 10 days, with women protestors demanding justice for alleged atrocities committed by TMC leader Sheikh Shahjahan and his associates. Accusations include “land-grab and sexual assault” under coercion. Shahjahan remains elusive, and despite efforts from state police and central agencies, he has not been apprehended.

The Calcutta High Court has recently directed a collaborative Special Investigation Team (SIT) comprising the Central Bureau of Investigation (CBI) and West Bengal Police to investigate an assault on Enforcement Directorate (ED) officials in Sandeshkhali. The SIT is required to present its findings by February 12.

Simultaneously, a National Human Rights Commission (NHRC) team initiated a “spot-enquiry” into the incidents of violence in the Sandeshkhali area on Friday. The NHRC expressed concern over the reported human rights violations, describing them as a prima facie violation that shocks the conscience.

Earlier in the week, the NHRC issued a notice to the DGP, directing a report within two weeks regarding the detention of a journalist by police in Sandeshkhali. The Commission also tasked its DIG (investigation) to gather facts via telephone and submit findings within a week.

Supreme Court Collegium Recommended Transfer Of Justice Gaurang Kanth To Calcutta High Court

July 14, 2023, 10:23 am

The Supreme Court Collegium recommended for the transfer of Delhi High Court judge Justice Gaurang Kanth to the Calcutta High Court.

The Supreme Court Collegium while reiterating its recommendation dated July 05, 2023 for transfer of Judge of Calcutta High Court.

The Supreme Court Collegium rejected the request of Justice Kanth’s for transferring him to Madhya Pradesh High Court or Rajasthan High Court or to any other neighbouring State.

The Supreme Court Collegium headed by Chief Justice of India Justice DY Chandrachud in its resolution stated that in terms of the Memorandum of Procedure, the Collegium had consulted one of the judges of the Apex Court who, being conversant with the affairs of the Delhi High Court, being in the position to offer views on the proposed transfer.

The Supreme Court resolution stated that the Chief Justice of Delhi High Court and Calcutta High Court who being of the opinion in terms of the Memorandum of Procedure have also conveyed their no objection to the proposed transfer of Mr Justice Gaurang Kanth.

Adding to it, the Supreme Court Collegium stated that this court while going through the request made by Mr. Justice Gaurang Kanth in his representation, and bestowed our thoughtful consideration to the contents thereof. The Collegium does not find any merit in the request made by him.

Therefore, the Supreme Court Collegium resolved to reiterate its recommendation dated 05.07.2023 for transferring Mr. Justice Gaurang Kanth to the Calcutta High Court.

On May 18, 2023, the Justice Kanth was appointed as a judge of the Delhi High Court.