Kolkata Apr 25 PTI The Calcutta High Court on Monday directed the father of deceased student leader Anis Khan to file an affidavit as objection to a report submitted by the West Bengal government after his lawyer took exception to the findings of the probePetitioner Salem Khans lawyer Bikash Bhattacharya submitted that the report can at best be termed as an inquiry report and not that of an investigation claiming that it did not contain relevant detailsBhattacharya also objected to the findings of the West Bengal government-appointed special investigation team SIT submitting that it was ridiculous to suggest that the death of Anis Khan was non-homicidal as has been stated in the reportJustice Rajasekhar Mantha told Bhattacharya that a formal exception to the report be filed by the petitioner in the form of an affidavit within one week The court adjourned hearing in the matter till May 12Khan had moved the high court seeking an order for investigation into the death of his son by an impartial agency which is not connected with the West Bengal policeJustice Mantha had on March 14 directed an SIT to complete its probe by April 18 into the death of the student leader whose father alleged that he was murdered by men wearing khaki and civic volunteer uniformsBhattacharya had claimed before the court that Anis was brutally assaulted by four persons of whom one was in police uniform and the other three in civic volunteer dress and pushed off the third floor of his home at Amta in Howrah district on the night of February 19The state government on April 19 submitted an 82-page probe progress report to the court in accordance with its directions indicating the steps taken for investigating the case PTI AMR RMS RMS

Kolkata Apr 20 PTI The Calcutta High Court directed the authorities of a school in West Bengals Purba Medinipur district to issue a no-objection certificate NOC for transfer to a teacher by midnight of Wednesday failing which they would have to appear before the court on Friday to explain why it was not given Noting that the woman teacher of Bajitpur Saradamoni Balika Vidyalaya a government-aided institute at Sutahata was not given the NOC though she applied for it in August 2021 the court said that it fails to understand how the headmistress and the secretary of the schools managing committee kept the matter pending They are to issue the no-objection certificate today by 12 midnight or they have to appear personally before this court on 22nd April 2022 at 1030 am for giving an explanation as to why the no-objection certificate has not been issued Justice Abhijit Gangopadhyay said in his order Petitioner teacher Mousumi Mondals lawyer Saibal Acharya said that her residence at Matia in North 24 Parganas district of the state is about 200 kilometres away from the school The petitioner applied for transfer from her present school to another through the Utsashree portal of the state government But the school managing committee has not issued the NOC on the ground that she is the only masters degree holder teacher of the subject taught by her at the school he submittedUtsashree portal was launched by the state government to help school teachers apply for transfer Acharya submitted that when the petitioner applied for transfer on August 9 2021 there was no embargo for transfer of a single teacher for a subject from one school to anotherAn embargo on transfer of such teachers was imposed in September last year a month after her application he said PTI AMR NN NN

Kolkata Apr 19 PTI The Calcutta High Court on Tuesday directed the West Bengal government to produce before it progress reports and case diaries of five recent cases of rape gang rape and attempts to rape in different parts of the state The court also asked the government to provide security to the complainants and their familiesSeeking investigation by an independent agency or a court-monitored probe petitioners in a PIL claimed that a tribal girl was gangraped at Shantiniketan in Birbhum district on April 15 while a woman was raped at Namkhana in South 24 Parganas districtThe PIL also said that a physically challenged woman was allegedly raped at Pingla in Paschim Medinipur district and another woman went through the ordeal at Netra in South 24 ParganasThe petitioners flagged another incident of attempted rape at Maynaguri in Jalpaiguri district in which the woman attempted suicide after being apparently threatened by the perpetratorA division bench comprising Chief Justice Prakash Shrivastava and Justice R Bharadwaj after hearing the parties directed that progress reports of investigation and diaries of all five cases be produced before it by April 22 when the matter will be heard againThe state governments lawyer submitted that action has been taken by the local police in all five cases and that arrests have been recently made taking note of complaints at Namkhana Santiniketan and NetraHe further submitted that a prayer has been made by the prosecution before the appropriate court in Jalpaiguri seeking cancellation of the bail of the accused in the Maynaguri incident which was recorded in late FebruaryThe lawyer added that police protection has been provided to the complainants PTI AMR RMS RMS

Kolkata Mar 31 PTI The Calcutta High Court on Thursday directed the West Bengal government to submit a progress report of the investigation into a case of gangrape of a minor girl whose internal organs were allegedly damaged by the perpetratorsA division bench headed by Chief Justice Prakash Shrivastava directed the state to also produce a report on the medical condition of the victim who was subjected to the assault on March 23 at Matia in North 24 Parganas districtHaving regard to the seriousness of the matter we direct the learned Advocate General to produce the report in the form of affidavit about the stage and status of the investigation along with the case diary the bench also comprising Justice R Bharadwaj directedThe court during the day heard separate petitions moved in connection with two incidents of rape of minor girls one at Matia in North 24 Parganas and another at English Bazar in Malda district seeking direction for probe by an impartial investigating agencyIt was submitted by the counsel for the petitioner in the Matia gangrape incident that the minors private parts were damaged and intestine rupturedDirecting the state to provide all possible medical facilities and treatment to the victim the court ordered that her parents may be permitted to visit the victim on medical adviceNoting the states submission that a medical board has been constituted the bench directed that it should comprise senior experts of the hospital and if the need so arises the head of the hospital may include specialists from other hospitals too The bench directed that the reports be submitted on or before the next date of hearing on April 4 The court also took note of another incident of rape in English Bazar police station area in which it was alleged that a neighbour had perpetrated the act after tying the girls hands and feet and pointing a firearm at herClaiming that incidents of sexual assault on minors were increasing in West Bengal the petitioner in the second case stated that lack of street lights in village roads were adding to safety concerns for womenAdvocate General S N Mookherjee appearing for the state submitted that the Matia case investigation was being done properly and the medical condition of the girl has now improved PTI AMR RMS RMS

Kolkata Mar 29 PTI The Calcutta High Court on Tuesday dismissed Trinamool Congress leader Anubrata Mondals appeal against a CBI notice asking him to appear before the agency in connection with a cattle smuggling caseA division bench comprising Chief Justice Prakash Shrivastava and Justice R Bharadwaj said that it finds no ground for interfering in the order of a single bench of the high court which earlier refused to grant relief to Mondal in connection with the notice of the CBI which is investigating the cattle smuggling caseThe division bench dismissed Mondals appeal challenging the single bench orderMondal the TMC district president of Birbhum had earlier this month moved the division bench of the high court challenging the single bench orderMondals lawyers argued before the bench that he is suffering from a variety of ailments and prayed that the Central Bureau of Investigation CBI be asked to question him through video conferencing from his residence at Bolpur in BirbhumSenior advocate Vivek Tankha and lawyer Sanjib Dan appearing for Mondal submitted that he is not an accused in the case and is ready to cooperate in the investigationThe division bench had reserved its judgment in the appeal following the conclusion of arguments by both sides PTI AMR ACD ACD

Kolkata Mar 23 PTI The Calcutta High Court on Wednesday took suo moto cognisance of the violence in West Bengals Birbhum district that claimed eight livesA bench comprising Chief Justice Prakash Srivastava and Justice Rajarshi Bharadwaj will hear the matter at 2 pmEight people were charred to death as their houses were set on fire in Bogtui village near Rampurhat town of Birbhum district early on TuesdayThe incident is suspected to the fallout of ruling TMC panchayat officials murderAdvocate Tarun Jyoti Tiwari had said on Tuesday that he and nine others of BJP Lawyers Cell made a mention of the incident before the division bench seeking leave to file a petitionTiwari had also stated that the bench granted them permission and a case would be moved shortly PTI AMR RMS RMS

Kolkata Feb 23 PTI The Calcutta High Court Wednesday directed the State Election Commissioner to examine the ground situation in each of the 108 West Bengal municipalities going to polls on February 27 and take a decision on deployment of paramilitary forcesA division bench presided by Chief Justice Prakash Shrivastava hearing petitions including one by a state BJP leader said if the commissioner decides against deploying paramilitary forces then he will be personally liable to ensure that violence-free and fair elections take placeDirecting the commissioner of the SEC to collect information on conditions prevailing in municipalities where polls are scheduled the bench also comprising Justice R Bharadwaj asked him to hold a joint meeting with the home secretary and the DGP within 24 hoursThe court asked the commissioner to take a decision in writing by mentioning the relevant circumstances in support of his decision to deploynot to deploy the paramilitary forces in each of the 108 municipalitiesPraying for direction to the SEC to deploy paramilitary forces for the February 27 polls the petitioners had alleged that a state of terror is prevailing and in almost 10 per cent of the municipalities going for polls ruling Trinamool Congress candidates have won uncontested as nominations were not allowed to be filed by other contestantsOpposing the plea the SEC counsel submitted before the court that its earlier direction of February 10 was complied with and assessment of ground situation to deploy paramilitary forces for the Bidhannagar elections as had been prayed for by the petitioner was done and no need for the same was foundHe claimed that only stray incidents of violence had taken place during elections to four municipal corporations earlier this monthThe SEC counsel also denied allegations of candidates being illegally prevented from filing nomination formsThe petitioners also claimed the SEC was acting in a partisan manner and that despite announcement of the poll dates acting against the Model Code of Conduct the state government was undertaking new schemes to woo votersThe high court said that announcement or promise or commencement of any new schemeproject is not permissible but continuation of it is not affectedWe direct the State Election Commission to examine if the schemes have been allowed to operate violating the Model Code of Conduct and not to permit their implementation till the elections are over if they violate the MCC the bench said It also asked the SEC to appoint observers for the municipal electionsHaving regard to the nature of allegations which have been made in this petition we are of the opinion that the Election Commission should appoint impartial officers of IAS cadre as observers the bench directedThe court directed the SEC to take steps to install CCTV cameras at conspicuous spots in all the main and ancillary booths and preserve the footageMauve paper seals should be used in all the ballot units it added PTI AMR RBT RBT

Kolkata Feb 23 PTI The Calcutta High Court Wednesday directed the State Election Commissioner to examine the ground situation in each of the 108 West Bengal municipalities going to polls on February 27 and take a decision on deployment of paramilitary forcesA division bench presided by Chief Justice Prakash Shrivastava hearing petitions including one by a state BJP leader said if the commissioner decides against deploying paramilitary forces then he will be personally liable to ensure that violence-free and fair elections take placeDirecting the commissioner of the SEC to collect information on conditions prevailing in municipalities where polls are scheduled the bench also comprising Justice R Bharadwaj asked him to hold a joint meeting with the home secretary and the DGP within 24 hoursThe court asked the commissioner to take a decision in writing by mentioning the relevant circumstances in support of his decision to deploynot to deploy the paramilitary forces in each of the 108 municipalitiesPraying for direction to the SEC to deploy paramilitary forces for the February 27 polls the petitioners had alleged that a state of terror is prevailing and in almost 10 per cent of the municipalities going for polls ruling Trinamool Congress candidates have won uncontested as nominations were not allowed to be filed by other candidates PTI AMR RBT RBT

Kolkata Feb 21 PTI Calcutta High Court on Monday ordered CBI probe into alleged extortion of truckers at Haldia Port and observed that syndicates have a stranglehold on most businesses and commerce in the state Hearing a petition by a co-accused in the case for transfer of the case to CBI the court stayed the investigation by the state police It ordered the release of petitioner Rajib Paul from custody with the rider that he will not leave Haldia town The CBI shall collect all the case material including case diary and all evidence from the Haldia police and commence investigation Justice Rajasekhar Mantha ordered Directing that the final report will not be filed by CBI without the leave of this court Justice Mantha ordered that the matter be listed for further hearing after six weeks following filing of affidavits by the state and the petitioner Noting that the FIR was lodged at the Haldia police station in West Bengals Purba Medinipur district in July 2021 though the incident took place some time in 2018 as alleged in the FIR Justice Mantha said that the delay is curiously stark and blatant Observing that the crime in the form of extortion by syndicate mafia operations was going on unabated since 2018 if not earlier the court said Such syndicates operate in every nook and corner of the State The court said that the selective cognisance in this case and the delay of two and half years in lodging of the FIR and its timing particularly after the Assembly poll in 2021 throws up serious questions regarding the motives behind the probe Syndicates have a stranglehold on most businesses and commerce in the state be it in the trade of construction material or as in the instant case - the loading and unloading of cargo moving in and out of the Haldia Port the court observed Refusing the government pleaders prayer that instead of CBI a special investigation team may be entrusted with the investigation the court said that this cannot be acceded to because Haldia Port attracts traffic from many countries and has a huge hinterland comprising many states in eastern India On July 12 2021 a extortion case was registered at Haldia police station in which a person named Shyamal Adak was named the principal petitioner and Paul the co-accused Complainant Sk Mobarak Ali had alleged that sometime in 2018 Adak used to extort Rs 100 per truck to allow loading of coal at the Haldia Dock complex PTI AMR KK KK KK

Kolkata Feb 18 PTI The Calcutta High Court on Friday ordered that schools and other educational institutions will be permitted to charge fees according to their policy and arrangement with the students owing to remission of the Covid-19 pandemic and substantial normalisation of life The court directed that with prospective effect from February 16 its earlier order permitting deduction of 20 per cent of school fees will stand vacated It also noted that the West Bengal government has allowed physical classes even in primary and upper primary schools with effect from Wednesday The schools and other educational institutions shall be permitted to charge fees according to their policy and arrangement with the students a division bench comprising justices I P Mukerji and Moushumi Bhattacharya ordered Acting on a PIL and several other related petitions in which parents of students and around 145 schools were involved the high court had on October 13 2020 directed that the institutes could only charge fees for essential services rendered online with a 20 per cent deduction Noting that there is substantial remission of the effects of the Covid-19 pandemic the division bench observed that life in all spheres has become substantially normal Therefore from now education in all the schools and other educational institutions covered by this public interest litigation would be physical the bench said The court ordered that in case of any dispute between the school fees claimed and that payable according to a student for the period up to Friday 50 per cent of the demand by the school or the admitted amount by the student whichever is higher has to be paid by March 15 The bench further directed that no coercive action like expulsion of any student from the school withholding of admit card to board or school examination holding back mark-sheets or certificates on the ground of default in payment of school fees will be taken by the institutions covered by the litigation against any student till March 31 or until further orders whichever is earlier PTI AMR NN NN