Tag: Calcutta

NIA to probe Ram Navami clashes in Bengal: Calcutta HC

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Kolkata: A division bench of the Calcutta High Court on Thursday ruled that the National Investigation Agency (NIA) will probe the clashes during the recent Ram Navami processions in certain pockets of Howrah and Hooghly district of West Bengal.
The division bench of Calcutta High Court’s acting Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya directed the state police to handover all case- related documents to the NIA within the next two weeks.
Following the clashes, the leader of the opposition in the West Bengal Assembly, Suvendu Adhikari had approached the same division bench of the Calcutta High Court with the plea for a central agency probe.

On April 10, the NIA authorities also informed the Calcutta High Court that they will have no problem in taking over the probe on this count if the court permits.
The division bench observed that it is beyond the ability of the state police to find those who were responsible for the clashes or who instigated it and hence a probe by a central agency was necessary.
Justice Sivagnanam also raised questions about the suspension of Internet services in the troubled belts after the clashes. “In such clashes the Internet services cannot be suspended. Such events keep the people tense,” he observed.
Earlier, the division bench questioned the efficiency of the intelligence wing of the state police regarding pelting of stones from the roofs of residences in the troubled belts. The bench questioned the failure of the intelligence in getting information about stones being accumulated on the rooftops.

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#NIA #probe #Ram #Navami #clashes #Bengal #Calcutta
( With inputs from www.siasat.com )

April 27, 2023
IIT Kharagpur ‘suicide’: Calcutta HC orders second autopsy of body buried 6 months ago

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Kolkata: The Calcutta High Court on Tuesday ordered exhumation and a second post-mortem examination of IIT Kharagpur student Faizan Ahmed’s body, which was buried in his home state Assam six months ago, saying that it is necessary to bring out the truth behind his death.
The father of the third-year student had moved the court seeking formation of a special investigation team (SIT) to probe into the death of Ahmed. His body was found in his hostel room at IIT Kharagpur in West Bengal’s Paschim Medinipur district on October 14, 2022.
“The body of the victim Faizan Ahmed is ordered to be exhumed,” Justice Rajasekhar Mantha directed, holding that a second post-mortem examination is “vital and necessary for arriving at the truth behind his death.”

He directed that the second post-mortem of the body of Ahmed, a mechanical engineering student who hailed from Tinsukia in Assam, be conducted at the state-run Medical College and Hospital, Kolkata, after exhumation.
Noting that an affidavit of Ahmed’s parents consenting to the exhumation and a second post-mortem has been filed in court, Justice Mantha directed the investigating officer to coordinate with Assam Police for the exhumation and ordered that the West Bengal police will bring the body to Kolkata.
Justice Mantha directed that Dr Ajoy Kumar Gupta, a forensic expert appointed by the court for his opinion on the likely cause of death of Ahmed, will conduct the post-mortem examination in the presence of doctors who conducted the previous autopsy.
Adjourning the hearing in the matter till June 13, the court directed that the exercise be completed within one month from the date of order.
Gupta, a retired forensic expert of the state CID, stated in a preliminary report filed before the court that two injury marks on the back of the head of the victim were not mentioned in the first post-mortem examination report.

It said that some cut marks on the arms of the body were inflicted after the student’s death.
The police had mentioned seizure of a chemical called Emplura (sodium nitrate) in a bottle from the student’s hostel room.
Court-appointed amicus curiae Sandip Bhattacharya submitted that sodium nitrate, a yellowish powder, is normally used to preserve meat.
There was some yellowish residue in a bucket found by Gupta and Bhattacharya during their visit to the room, the report stated.
It was stated before the court that when a body decomposes, it is impossible that the fellow inmates of the hostel would not be able to detect it, but there was mysteriously no smell from the body for three days.
“The presence of this chemical Emplura opens up serious questions as regards the time of death and whether it may have been used to preserve the body after the death of the victim,” Justice Mantha observed.
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#IIT #Kharagpur #suicide #Calcutta #orders #autopsy #body #buried #months
( With inputs from www.siasat.com )

April 26, 2023
Calcutta HC upholds husband’s right to seek divorce on ground of mental cruelty

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Kolkata: A division bench of the Calcutta High Court has upheld the right of a husband to seek divorce from his wife on ground of mental cruelty if the wife constantly abuses the husband by describing him as “coward” and “unemployed” and at the same time force him to get separated from his parents.
Hearing a matter related to a woman challenging a lower court order dissolving her marriage on the ground of mental cruelty against her husband, the division bench of Justice Soumen Sen and Justice Uday Kumar noted that as per Indian culture, the husband stays with his parents and there need to be some justifiable reason for the son to live separately.
In this particular case, a family court in West Midnapore district had dissolved the marriage in July 2001 after accepting the husband’s contention accusing his wife of mental cruelty. The woman had challenged that order at the Calcutta High Court in May 2009.

On the issue of describing the husband as “coward” and “unemployed”, the court noted that it was because of a false complaint by the wife that the husband had lost his government job.
The court also took note of some contents of the diary of the petitioner where she time and again described her husband as “coward” and “unemployed”.
In the diary, she had also made it clear a number of times that she was forced to marry him because of pressure from her parents. As per the court’s observation, the petitioner had also made it clear in the diary that she was more keen to get married elsewhere.
In such cases, the marriage just remains a legal tie and hence tantamount to nothing but fiction, the court noted.
After hearing the arguments, the division bench upheld the verdict of the family court dissolving the marriage in 2001.

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#Calcutta #upholds #husbands #seek #divorce #ground #mental #cruelty
( With inputs from www.siasat.com )

April 8, 2023
Calcutta HC denies permission to terminate minor girl’s 28-week pregnancy

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Kolkata: The Calcutta High Court has denied permission to terminate the 28-week pregnancy of a 12-year-old minor girl who conceived after being raped.
The mother of the rape victim made an appeal at the Calcutta High Court seeking permission to terminate her daughter’s 28- week pregnancy.
The judgement on the matter, announced on Wednesday, was made available on Friday.

The termination of pregnancy, which is more than 24 weeks, can be done only after getting permission from any court.
However, the report of the medical board argued against the termination, claiming it might prove fatal for the minor victim.
Justice Aniruddha Roy of the Calcutta High Court accepted the argument of the medical board and denied permission for the termination of pregnancy.
The medical board constituted for the matter submitted its report to the court on April 5.
The medical board had submitted that rather than termination, giving birth to the child would be safer for the victim.

Justice Roy also observed that the prime consideration for the court is the safety aspect of the minor girl.
He also observed that it is the responsibility of the state to protect the dignity of the minor mother and her child in such cases. “The state cannot deny its responsibilities on this count,” Justice Roy observed.
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#Calcutta #denies #permission #terminate #minor #girls #28week #pregnancy
( With inputs from www.siasat.com )

April 7, 2023
Bengal Ram Navami clashes: PIL filed at Calcutta HC seeking CBI probe

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Kolkata: As tension over clashes in West Bengal’s Howrah district over a Ram Navami procession continued on Friday, a Public Interest Litigation (PIL) was filed at the Calcutta High Court seeking a CBI probe into the matter.
The clashes which were mainly at Sandhyabazar area of Shibpur in Howrah district on Thursday, spread to adjacent Kazipara area this morning. A group of people started pelting stones towards the high-rises in the area. A couple of vehicles were vandalised and torched.
Even the vehicle of the state cooperation minister Arup Roy, which was passing through the area then, was not spared. The window-screen of the vehicle was totally smashed. However, the minister was not present in the vehicle.
Finally, a huge contingent of police force, accompanied by the personnel of the Rapid Action Force (RAF), reached the spot. They resorted to massive lathicharge to bring the unruly mob under control. Some of the policemen also suffered injuries in the clashes. Till the filing of the report, the total number of arrests in this connection was 36. Though the situation has been brought under control, tension prevails in these pockets.
Chief Minister Mamata Banerjee gave a strong message and said that her administration will not tolerate such rowdy activities. “I have asked the police to take strong action,” she said. Admitting that there had been complaints of inaction or delayed action by police, the chief minister said that these complaints will also be looked into. At the same time, she claimed that Thursday’s clashes mainly happened because of the last moment change in route of the procession.
On Friday, Leader of Opposition in state Assembly Suvendu Adhikari filed a PIL at the division bench of Calcutta High Court’s Acting Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya, seeking a CBI probe in Thursday’s clashes.
The PIL has been admitted and the hearing in the matter will be on April 3. Besides seeking a CBI probe in the matter, the leader of the Opposition had also sought deployment of central armed forces in the troubled pockets on this count.
In the PIL he also claimed that the deployment of central armed forces had been necessary as the state police had failed miserably to bring the situation under control.

(Except for the headline, this story has not been edited by Siasat staff and is published from a syndicated feed.)
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#Bengal #Ram #Navami #clashes #PIL #filed #Calcutta #seeking #CBI #probe
( With inputs from www.siasat.com )

March 31, 2023
WBSSC scam: Calcutta HC orders termination of 842 Group C staff

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Kolkata: The Calcutta High Court on Friday ordered termination of services of 842 non-teaching staff in the Group C category who were allegedly provided appointments illegally against the monetary considerations in different state-run schools in West Bengal.
The single-judge bench of Justice Abhijit Gangopadhyay of Calcutta High Court also directed the West Bengal School Service Commission (WBSSC) and the West Bengal Board of Secondary Education (WBBSE) to issue separate notifications on the cancellation of recommendation letter and termination of services on this count by 12 p.m. on Saturday.
Justice Gangopadhyay also directed the commission and the board to ensure that no salaries are credited to Group C staff henceforth.
Justice Gangopadhyay’s order on Friday comes following a submission by the WBSSC in court that of these 842 Group C staff, 785 secured appointments through tampering with the optical mark recognition sheets, while the remaining 57 got appointments without valid recommendations from the commission.
While passing the order, Justice Gangopadhyay observed that neither the commission nor the state education department could avoid taking the responsibility for such massive recruitment corruption.
“The fruits of this corruption have gone in favour of some influential people in the commission and the state education department,” he observed.
He also directed the commission to start the process of filling up the vacant posts resulting from the termination from the waiting list within the next 10 days.

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#WBSSC #scam #Calcutta #orders #termination #Group #staff
( With inputs from www.siasat.com )

March 10, 2023
Cattle scam: Calcutta HC clears decks for ED to take Anubrata Mondal to Delhi

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Kolkata: The Calcutta High Court on Saturday cleared the decks for the Enforcement Directorate (ED) to take Trinamool Congress leader Anubrata Mondal to Delhi in connection with the multi-crore cattle smuggling scam in West Bengal.
The single-judge bench of Justice Bibek Chaudhuri said a fine of Rs 1,00,000 was also imposed as a penalty on Mondal for keeping the multiple court option open in the matter by filing the same petition at both Calcutta High Court and Delhi High Court by suppressing information in both these courts.
On Saturday, Mondal’s counsel told the court that his client should not be taken to Delhi considering his health.
In reply, the ED counsel said that in that case, Mondal will be taken to the national capital through a flight and also get him treated at the AIIMS there.
After hearing both sides, Justice Chaudhuri permitted the ED to take Mondal to Delhi on a flight.
But before taking him to Delhi, as per the order, Mondal has to be examined at a central hospital and a certificate declaring him fit for travel has to be issued by that central hospital before taking him to Delhi.
On Saturday, the ED counsel specially stressed on Mondal’s attempts to keep the multiple court options open in the matter.
“Is it not because of a backup in case the verdict of a particular court does not go in favour of him, in this case he filed the same petition at Calcutta High Court and Delhi High Court. On Friday, his counsel informed the Delhi court that his client will withdraw the petition made by him on this count at Delhi High Court. Anubrata Mondal lacks all ethical values. He deserves a huge financial penalty for that,” the ED counsel said.

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#Cattle #scam #Calcutta #clears #decks #Anubrata #Mondal #Delhi
( With inputs from www.siasat.com )

March 4, 2023
Teachers’ scam: Manik Bhattacharya challenges Calcutta HC order on property confiscation

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Kolkata: Trinamool Congress legislator and the West Bengal Board of Primary Education (WBBPE)’s former President Manik Bhattacharya on Wednesday challenged the order of Calcutta High Court’s single-judge bench directing Central Bureau of Investigation (CBI) to confiscate his property.
Bhattacharya, his wife Satarupa Bhattacharya and son Saouvik Bhattacharya are in judicial custody now because of their alleged involvement in the multi-crore teachers’ recruitment scam in West Bengal.
On February 27, a single-judge bench of Justice Abhijit Gangopadhyay directed the CBI to confiscate all of Bhattacharya’s properties taking a strong note of his missing the deadline tp paying a penalty of Rs 7,00,000 in two cases related to the teachers’ recruitment scam. Justice Gangopadhyay observed that despite missing the deadline for payment of the penalty, neither had Bhattacharya taken any initiative to pay it or inform the court about his inability on this count. Thereafter, he directed the CBI to confiscate all his properties.
On Wednesday, Bhattacharya’s counsel approached a division bench of Justice Subrata Talukdar and Justice Supratim Bhattacharya challenging the order of the single-judge bench on this count. The matter will come up from hearing this week only.
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#Teachers #scam #Manik #Bhattacharya #challenges #Calcutta #order #property #confiscation
( With inputs from www.siasat.com )

March 1, 2023
2010 Jnaneswari Express derailment: Calcutta HC grants bail to 11 accused Maoists

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Kolkata: The Calcutta High Court, on Tuesday granted bail to 11 Maoists accused in the 2010 Jnaneswari Express accident, in which as many as 148 persons were killed and 180 were injured.
The 11 accused were granted bail after spending almost over a decade since their arrests while the investigation of the Central Bureau of Investigation (CBI) in the matter is yet to be concluded.
A division bench of Justice Debangshu Basak and Justice Md. Shabbar Rashidi, while granting the bail of the 11 accused Maoists, questioned whether the investigation agency is not aware of the fundamental rights of the accused.
According to the bench, it is a matter of shame the legal formalities and even the process of integrating the witnesses is yet to be completed even after 13 years since the incident took place.
“Do not forget that even the accused persons have fundamental rights. They cannot be locked behind the bars for years without trial. All of them have spent over 10 years behind the bars with the trial process being yet to be completed,” Justice Basak observed.
The 11 accused who were granted bail on Tuesday were Khagen Mahato, Bholanath Mahato, Jaladhar Mahato, Ram Mudi, Manik Mahato, Amiyo Mahato, Jaideb Mahato, Mohonto Mahato, Lakksmikanto Roy, Sunil Mahato, and Manoj Mahato.
The Jnaneswari Express derailed in 2010 near Jhargram in West Midnapore district of West Bengal, following which 148 persons were killed and 180 were injured.
Investigation revealed that the train got derailed because some miscreants removed the fishplates. The incident took place when the Maoists were continuously observing strike in the area. The CBI had taken over the investigation in the matter.

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#Jnaneswari #Express #derailment #Calcutta #grants #bail #accused #Maoists
( With inputs from www.siasat.com )

February 28, 2023
Calcutta HC slaps penalty on headmistress for delaying transfer process

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Kolkata: A single judge bench of the Calcutta High Court on Friday reprimanded the headmistress of a leading girls’ school in West Bengal on charges of contempt of court.
A penalty of Rs 10,000 has been imposed on Nirupama Hazra, the headmistress of Harkirtinagar Balika Vidyalaya in East Burdwan district, on charges of contempt of court for not abiding by an earlier court order for initiating the process of transfer of a teacher of the same school on medical grounds.
Pronouncing the order, the single judge bench of Justice Rajasekhar Mantha directed that either the headmistress concerned will have to pay the penalty within seven days, or the same amount will be deducted from her salary for the next month.
Justice Mantha also gave clear instruction to the District Inspector of Schools on this count.
The matter is related to a transfer petition filed by Hamida Khatun, who had been teaching in the school for the last five year. She is a resident of Gokarna in South 24 Parganas district.
Last year, she had applied for transfer on medical grounds to any school in her home district near to her residence.
“Failing to evoke any response, she made an appeal to the Calcutta High Court to grant her transfer plea. The court in August last year, after examining the relevant documents, had directed the school authorities to initiate the process of her transfer within six weeks. However, nothing was done in this regard since then, prompting Khatun to again approach the court with the contempt of court petition,” Khatun’s counsel Firdaus Shamim told mediapersons on Friday.
Justice Mantha had issued a summon to the headmistress to be present at his court on Friday. As she appeared before the bench, Justice Mantha sought explanations from her about the delay in initiating the transfer process even after a clear order from the court.

However, the headmistress was unable to give any satisfactory reply.
Meanwhile, the District Inspector of Schools informed the court that his office received the necessary documents from the headmistress to initiate the transfer process just a few days back.
Observing that the delay on the part of the headmistress in initiating the transfer process was a clear case of contempt of court, Justice Mantha imposed the penalty of Rs 10,000 on her.
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#Calcutta #slaps #penalty #headmistress #delaying #transfer #process
( With inputs from www.siasat.com )

February 24, 2023