Kolkata:

The Calcutta High Court on Wednesday acquitted a person who was arrested on the charge of criticising a state minister on social media.

A single-judge bench of Justice Amrita Sinha directed that Ershad Sultan be released immediately.

The matter related to a meeting of Chief Minister Mamata Banerjee with members of her cabinet, bureaucrats, police officers and heads of the different municipalities in the state on June 28.

The administration arranged for the live streaming of the entire meeting. During the meeting, the arrested person made a comment accusing West Bengal minister Arup Roy and some local Trinamool Congress leaders of encouraging illegal construction in Howrah by illegally filling up water bodies.

The police registered a FIR against Sultan the same day and he was arrested on June 30. His family members approached the High Court against the arrest and the matter came up for hearing on Wednesday.

During the hearing, Justice Sinha raised some questions on the arrest. Her first question was whether the police could arrest anyone if the latter complains or expresses a grievance against anyone. She also questioned whether the arrest was prompted by a complaint from the minister.

Finally she observed that the police has unnecessarily intervened in the matter on the basis of a complaint by a third person.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

Kolkata:

A defamation suit filed by West Bengal Governor C V Ananda Bose against Chief Minister Mamata Banerjee is scheduled to be taken up for hearing before the Calcutta High Court on Wednesday.

Mr Bose filed a defamation case against Ms Banerjee on June 28, a day after she claimed that women complained to her saying that they were afraid to visit the Raj Bhavan because of the activities there.

The defamation suit filed by Mr Bose against Ms Banerjee is listed for hearing on Wednesday before the bench of Justice Krishna Rao, according to the high court’s website.

Following Ms Banerjee’s remarks, the governor had said that it was expected of public representatives not to create “erroneous and slanderous impressions.” 

During an administrative meeting in the state secretariat, Ms Banerjee on June 27 claimed that “women have informed her they are afraid to visit Raj Bhavan due to recent incidents reported there”.

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 enquiry.

Under Article 361 of the Constitution, no criminal proceedings can be instituted against a governor during his/her term in office.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

New Delhi:

Prime Minister Narendra Modi on Wednesday called the Calcutta High Court decision of striking down the OBC status granted to “77 classes” in West Bengal since 2010 a “tight slap” to the opposition and alleged that the INDIA bloc’s “obsession with appeasement” has crossed every limit.

The Calcutta High Court, in its verdict on Wednesday, noted that “religion indeed appears to have been the sole criterion” for declaring these classes as OBCs.

Stating that the court’s mind is not free from doubt that “the said community (Muslims) has been treated as a commodity for political ends,” the bench added, “This is clear from the chain of events that led to the classification of the 77 classes as OBCs and their inclusion to be treated as a vote bank.” Addressing an election meeting in Dwarka here, PM Modi said every time he utters the word ‘Muslim’, he is accused of making communal statements and asserted that he is only “exposing” the opposition “by stating facts”.

“Just today, the Calcutta High Court has given a big slap to this INDI alliance. The court has cancelled all OBC certificates issued since 2010. Why? Because the West Bengal government issued unwarranted OBC certificates to Muslims just because of the vote bank.”

“They have crossed every limit in their obsession with appeasement,” he said.

“These people say that Muslims have the first right to the country’s resources. These people are giving government land to the Waqf Board and asking for votes. These people want to reserve 15 per cent budget for minorities. They want to give bank loans, government tenders and even entry into sports on the basis of religion. This is the height of vote bank politics,” he charged.

PM Modi and other BJP leaders have repeatedly alleged during the election campaign that the Congress and its allies want to give the OBC quota to Muslims.

He alleged that the opposition was against the CAA but was supporting infiltrators for its vote bank.

“They shed tears over the Batla House encounter and they oppose the ban on triple talaq. They are masters of appeasement.”

“The Khan market gang has only one way — every time Modi uses the word ‘Muslim’, they accuse him of saying communal things. I am only exposing them with facts. They are doing vote jihad,” he claimed.

He said that “Muslim brothers should also recognise” those who have betrayed the Constitution and are deeply communal.

“The people who have betrayed the Constitution of India, now the time has come for the country to recognise such deeply communal people and my Muslim brothers should also recognise them,” he said.

The high court gave the verdict on Wednesday on petitions challenging the provisions of the West Bengal’s Reservation Act of 2012 and reservations granted in 2010.

The high court clarified that the services of citizens of the struck-down classes, who have availed the benefit of reservation or have succeeded in any selection process of the state, will not be affected by the order.

The number of enlisted persons under OBC in West Bengal after 2010 is likely to be above five lakhs, one of the lawyers representing the petitioners claimed.

In all, the court struck down 77 classes of reservation given between April 2010 and September 2010, and 37 classes created based on the Act of 2012.

The CPI(M)-led Left Front was in power in West Bengal till May 2011 and thereafter the Trinamool Congress government took over.

Chief Minister Mamata Banerjee has asserted that she “will not accept” the Calcutta High Court order and hinted that her government could challenge it in the Supreme Court.

In its order, the HC said that identification of the classes in the Muslim community as OBCs for electoral gains would leave them at the mercy of the political establishment concerned and may defeat and deny other rights.

“Such reservation is therefore also an affront to democracy and the Constitution of India as a whole,” the court observed.

While noting that the Constitution and decisions of the courts do not prohibit an identification process to start with religion, the court said, “What is, however, prohibited is the sole reliance on religion for the purpose of making provisions for reservation.” 

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

Kolkata:

In a blow to the West Bengal government, the Calcutta High Court on Friday ordered the release of a woman BJP leader from Sandeshkhali, Mampi Das who was arrested after a sting operation video went viral in which a BJP leader stated that the women’s protest was plotted and orchestrated by the BJP and Das played a key role in it.

While raising questions on the justification for the arrest, the single-judge Bench of Justice Jay Sengupta also questioned who was behind the police action.

Justice Sengupta ordered that Das be released on a personal bond and put a stay on Section 195A (punishment for threatening to give false evidence) of the Indian Penal Code imposed on her.

The next hearing on the matter will be on June 19.

He also observed how Ms Das was arrested. Stating that there were clear directions of the Supreme Court on the use of Section 195A, a non-bailable offence, he observed that if not the Calcutta High Court, the state government and police should at least go by the directions of the Supreme Court.

He also questioned the order of the Judicial Magistrate who ordered the arrest of Das in the matter. “Who is the Investigating Officer in this case and who is the mastermind?” he questioned.

He also questioned how the lower court ordered police custody for Das without examining the Case Diary.

The BJP’s state spokesman Samik Bhattacharya said, “Since the beginning, we had been saying that Mampi’s arrest was a part of a bigger conspiracy.”

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

kolkata:

The Central Bureau of Investigation (CBI), on Thursday, submitted a preliminary status report on its investigation into the cases of illegal land grabbing, extortion and harassment of women in West Bengal’s Sandeshkhali to the division bench of the Calcutta High Court’s Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya.

After submitting the preliminary status report in a sealed envelope, the CBI counsel also complained of non-cooperation from the state government in providing the Central agency officials with the land records at Sandeshkhali.

The CBI counsel said that the Central agency through its dedicated portal has received around 900 complaints relating to illegal land grabbing in Sandeshkhali. He argued that without the cooperation of the state government in accessing the original land reports it will be difficult to carry forward the investigation process in the matter.

After hearing the argument of the CBI counsel, the division bench directed the state government to hand over all the documents sought by the CBI officials to the latter within one week.

The division bench also directed the state government to extend all necessary cooperation to the CBI so that the latter could carry forward its investigation into the matter smoothly.

On Monday, the Chief Justice also referred to the development of the Supreme Court’s decision of not interfering in the earlier order by the Calcutta High Court directing a CBI probe in the matter.

Since the top court did not interfere in the order of the Calcutta High Court, it is expected of the state government to fully cooperate with CBI in the matter, the Chief Justice observed.

The division bench also referred to the earlier order of the Calcutta High Court on April 10 this year, where the state government was asked to make necessary lighting arrangements in Sandeshkhali streets within 15 days. Based on the complaint that this order for necessary lighting arrangement is yet to be implemented by the state government, the Chief Justice said that not adhering to this part of the order will amount to contempt of the court.

The division bench also allowed the National Human Rights Commission (NHRC) to be a party in the case. The next hearing on the matter has been scheduled for June 13.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

Kolkata:

The Calcutta High Court on Tuesday rejected a bail prayer of former West Bengal minister Partha Chatterjee in a money laundering case initiated by the Enforcement Directorate in connection with its probe into money trail in a primary school jobs case.

ED officials had on July 22, 2022, arrested Chatterjee in connection with alleged irregularities in recruitment of teaching and non-teaching staff in West Bengal government-sponsored and aided primary schools.

Justice Tirthankar Ghosh rejected the bail prayer of Chatterjee, who has held several portfolios, including Education from 2011 to 2021, in the West Bengal cabinet.

Chatterjee and his alleged close aide Arpita Mukherjee were arrested by ED in connection with its probe into the money trail in the alleged illegal recruitments.

The ED has claimed to have recovered Rs 49.80 crore in cash, apart from jewellery, gold bars from flats owned by Mukherjee and documents of properties and a company in joint holdings.

The former minister’s lawyers prayed for his bail claiming that the investigation has been completed and that he is over 70 years old and suffers from a number of ailments. They stated that he has been in custody for over 21 months.

ED’s counsel Phiroze Edulji opposed the prayer stating he is an influential person and is a sitting MLA in the state and may try to influence witnesses in the case.

Following his arrest, Chatterjee had been relieved of his ministerial duties by the Mamata Banerjee government, while the Trinamool Congress had also removed him from all posts he held in the party, including that of its secretary general.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

Kolkata:

The Calcutta High Court will on Monday pronounce its judgement on petitions and appeals relating to alleged irregularities in the selection of candidates in West Bengal government-sponsored and aided secondary and higher secondary schools through a 2016 recruitment process.

The CBI, which investigated the case on an order of the high court, arrested former state education minister Partha Chatterjee and some functionaries who held positions in the West Bengal School Service Commission (SSC) during the occurrence of the alleged scam.

A division bench comprising justices Debangsu Basak and Md Shabbar Rashidi will on Monday pronounce judgement on a large number of petitions and appeals, which were heard together, in connection with the school jobs recruitment process, an official at the high court said.

The division bench, formed by the Chief Justice of the high court on a direction of the Supreme Court, extensively heard numerous petitions and appeals relating to the selection of candidates for appointment by the SSC in the categories of teachers of classes 9, 10, 11 and 12 and group-C and D staffers through State Level Selection Test-2016 (SLST).

Hearing in the matters was concluded on March 20 and judgement was reserved by the division bench.

On writ petitions by some candidates who appeared in SLST-2016, but did not get jobs, a single bench presided by Justice Abhijit Gangopadhyay had ordered CBI investigation into alleged irregularities in the recruitment process.

The high court had also ordered the termination of a number of jobs of teaching and non-teaching staffers after finding irregularities.

Disposing of petitions before it in connection with the matters, the Supreme Court had on November 9, 2023, requested the Chief Justice of the Calcutta High Court to constitute a division bench to hear all the petitions and appeals pertaining to the recruitment process through SLST-2016 for early adjudication.

The top court had in its order accorded protection to the appointments, which were terminated by the high court, for a period of six months to enable the division bench to adjudicate on the disputes.

The CBI had completed the investigation into the matters and submitted a report before the high court in accordance with the direction of the Supreme Court to do so within two months from the date of its order.
 

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

Kolkata:

As the summer heat refuses to abate with day temperatures in the city hovering around 40 degrees Celsius, wearing of advocates’ gown by lawyers has been exempted at the Calcutta High Court by a direction of Chief Justice TS Sivagnanam.

The weather department has forecast that heatwave or hot and discomforting weather conditions in Kolkata and its surrounding districts will continue for at least the next five days.

A high court notification said that upon consideration of the ongoing inclement weather combined with heatwave, the Chief Justice has directed an exemption on wearing of advocates’ gown till the end of the summer vacation to give relief to the lawyers.

“Taking note of the weather, wearing of Advocates’ gown is exempted till the Court reopens after Summer Vacation on June 10,” the notification said.

Summer vacation at the Calcutta High Court will commence from May 19.

Such exemption was allowed by the Chief Justice during the peak summer weeks last year also, Uday Shankar Chatterjee, a lawyer practising at the high court, said.
 

Kolkata:

The Calcutta High Court on Tuesday handed custody of Sheikh Shahjahan – the former Trinamool strongman accused of extortion, land grab, and sexual assault in Bengal’s Sandeshkhali – to the CBI.

Bengal Police have till 4.30 pm to hand over Shahjahan and all relevant case materials.

The Bengal government moved swiftly to challenge the order in the Supreme Court, but its appeal for an immediate hearing has been turned down. The top court said it would proceed per the rules and asked senior advocate Abhishek Singhvi to mention the plea before its Registrar-General.

A High Court bench led by Chief Justice TS Sivagnanam set aside an earlier order setting up a special investigative team – of CBI and state police officials – and transferred the case to the central agency.

Both the Enforcement Directorate and the state moved separate challenges to that order; the ED wanted the case to be given to the CBI only, while the state wanted the police to handle the probe.

Sheikh Shahjahan had been on the run since January 5, when a team of Enforcement Directorate officials were attacked by a mob of his supporters while en route to conduct raids.

The attack and Shahjahan’s disappearance sparked a huge political row; the ruling Trinamool was targeted by the BJP, which accused Chief Minister Mamata Banerjee’s party of protecting him.

On the run for 55 days, Shahjahan was finally arrested by a special police team and suspended from the Trinamool for six years. His arrest came three days after the High Court ordered his arrest.

READ | Sandeshkhali Accused Shahjahan, On The Run For 55 Days, Arrested

An angry court was responding to allegations by Trinamool MP Abhishek Banerjee, who said the judiciary had “tied” the state’s hands and that his party was not “guarding” the accused.

“I want to put this on record… Trinamool is not guarding Shahjahan. Judiciary is. Lift the stay and see what police does…” he had said in response to the BJP’s allegations.

READ | Arrest Trinamool Strongman Sheikh Shahjahan, Says Calcutta High Court

The court shot back, saying, “Shahjahan obviously needs to be arrested.” “We clarify there is no stay on arrest in any proceeding. He is absconding,” the court declared.

READ | “Mutual Adjustment”: BJP’s Suvendu Adhikari On Shahjahan’s Arrest

BJP leader Suvendu Adhikari – a former Trinamool leader and close aide of Ms Banerjee – declared, “This is not an arrest; this is a mutual adjustment.”

The Shahjahan-Sandeshkhali row was the focus of a sharp attack by Prime Minister Narendra Modi when he was in Bengal last week. Mr Modi also accused the Trinamool of shielding its former member, and slammed Ms Banerjee for valuing “some people” over the suffering of women.

READ | PM’s Big Charge Against Mamata, INDIA Over Sandeshkhali

Referring to the party’s ‘Maa, Maati, Manush‘ (Mother, Land, and People) slogan, he declared, “What has been done to women in Sandeshkhali by Trinamool… has made the country angry.”

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South 24 Parganas (West Bengal):

In response to Trinamool Congress General Secretary Abhishek Banerjee’s allegations on Sunday that the state police is not able to arrest Sandeshkhali prime accused, Sheikh Shahjahan due to legal complications, Union Minister Kiren Rijiju said that Mr Banerjee is lying and he should apologise.

“He (Abhishek Banerjee) is lying which he should not, he is a Member of Parliament. Why Calcutta High Court will shield a criminal? Torture of women is not a trivial offence. The High Court cannot save him. No court or judge can save him. He has lied, saying that the police could not arrest him due to a High Court stay order. He should apologise. It is a crime to lie,” Mr Rijiju said speaking to reporters on Tuesday.

Speaking on the alleged poor state of law and order in the state, the Union Minister said, “There is no law and order in West Bengal. They are misusing the police.”

Showing support to the women protesters in Sandeshkhali, Mr Rijiju said, “The entire nation stands with the women of Sandeshkhali.”

The Union Minister shared that the Bharatiya Nyaya Sanhita as well as the Women’s Reservation Bill were brought about by the Narendra Modi government for the empowerment of women.

“We have changed the criminal code of the entire country from the perspective of justice under Prime Minister Narendra Modi’s leadership. We have passed the Women’s Reservation Bill. Women throughout the country as well as from West Bengal are going to bless PM Modi,” Mr Rijiju said.

Earlier on Sunday, Abhishek Banerjee claimed that his party is not defending missing leader Sheikh Shahjahan, but the High Court has tied the hands of the state police.

“The masters and defenders of human rights are saying in the light every day, arrest him, arrest him, what will the police do if the High Court ties their hands? ED officials were assaulted on January 5, the Calcutta High Court constituted a SIT in the incident. The ED appealed and sought a stay on the verdict. The Chief Justice’s bench allowed that request. On March 6, there will be a hearing. How will the police arrest if the High Court ties the hands of the state police administration? The police should be given 15 days or a month to take action based on the FIR,” Mr Banerjee said.

The Calcutta High Court Chief Justice, however, on Monday ordered to add Trinamool Congress leader Sheikh Shahjahan to the Sandeshkhali case.

The High Court Justice asked to issue a notice in the case and said, “There is no reason to not arrest him.”

“Public notice shall be given in this case. There is no stay order in Sandeshkhali cases. There is no reason to not arrest him,” the Court said.

Following this, the Trinamool Congress party said that Sheikh Shahjahan will be arrested in a week.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)