Calcutta High Court (Appellete Side)
Susmita Saha Dutta vs The Union Of India And Ors on 28 July, 2021
28.07.2021 Court No.1 Item No.1 to 9 AP/ss WPA(P) 142 of 2021 With CAN 1 of 2021 With CAN 3 of 2021 With CAN 4 of 2021 Susmita Saha Dutta Vs. The Union of India and Ors.
With WPA(P) 143 of 2021 With CAN 2 of 2021 Anindya Sundar Das Vs. Union of India and Ors.
With WPA(P) 144 of 2021 With CAN 2 of 2021 With CAN 3 of 2021 Priyanka Tibrewal Vs. The State of West Bengal and Ors.
With WPA(P) 145 of 2021 With CAN 2 of 2021 Pradipta Arjun Vs. Union of India and Ors.
With WPA(P) 146 of 2021 Smt. Aparajita Mitra Vs. The Union of India and Ors.
With WPA(P) 147 of 2021 With CAN 2 of 2021 Kuntal Mojumder Vs. Union of India and Ors.
With WPA(P) 148 of 2021 2 WPA(P) 142 of 2021 With CAN 1 of 2021 With CAN 3 of 2021 Susheel Kumar Pandey Vs. State of West Bengal and Ors.
With WPA(P) 149 of 2021 With CAN 2 of 2021 With CAN 3 of 2021 Marufa Bibi and Ors.
Vs. State of West Bengal and Ors.
With WPA(P) 167 of 2021 With CAN 2 of 2021 Kashinath Biswas Vs. Union of India and Ors.
(Through Video Conference) Ms. Saloni Bhattacharya (Through VC) ... for the Petitioner in WPA(P) 142 of 2021.
Mr. Saptangsu Basu, Senior Advocate (Through VC) with Mr. Soumava Mukherjee, Advocate (Present in Court) ..for the Applicant in CAN 4 of 2021.
M/s. Uday Sankar Chattopadhyay and Santanu Maji, Advocates (Present in Court) ..for the Petitioner in WPA(P) 143 of 2021.
Ms. Priyanka Tibrewal, (in person) Mr. Sidhartha Sharma and Ms. Rashhmi Singhee, Advocates (Through VC) ... Petitioner in WPA(P) 144 of 2021.
Mr. Mahesh Jethmalani, Senior Advocate with Mr. Dhiraj Kumar Trivedi, Mr. Ravi Sharma, Mr. Debu Choudhury, Mr. Shoumendu Mukherjee, Mr. Praneet Pranav, Mr. Shaurya R. Rai, Mr. Manabendranath Bandhapadhyay, Mr. Shailendra Mishra Ms. Mugdha Pande and Ms. Jayeta Dhar, Advocates (Through VC) ..for the Petitioner in WPA(P) 145 of 2021.
3WPA(P) 142 of 2021 M/s. Loknath Chatterjee and Sukanta Ghosh, Advocates (Through VC) ..for the Petitioner in WPA(P) 146 of 2021.
Ms. Souri Ghoshal, Advocate (Through VC) ..for the Petitioner in WPA(P) 147 of 2021.
Mr. Rishav Kumar Singh, Advocates (Through VC) ..for the Petitioner in WPA(P) 148 of 2021.
Mr. Samim Ahmed and Ms. Saloni Bhattacharya (Through VC) ... for the Petitioner in WPA(P) 149 of 2021. Mr. Rabi Sankar Chattopadhyay, Mr. Uday Sankar Chattopadhyay, Mr. Suman Sankar Chattopadhyay, Mr. Sayan Chattopadhya, Mr. Soumen Banerjee, Mr. Santanu Maji, Ms. Singdha Saha, Ms. Payel Shome and Ms. Smriti Das, Advocates (Present in Court) ... Petitioner in WPA(P) 167 of 2021.
Mr. Abhishek Manu Singhvi, Senior Advocate Mr. S.N. Mookherjee, Senior Advocate with Mr. Sanjay Basu, Mr. Samik Kanti Chakraborty, Mr. Soumen Mohanty, Mr. Amit Bhandari, Mr. Apoorv Khator (Through VC), Ms. Ranjabati Ray and Ms. Shrivalli Kajaria, Advocates (Present in Court), ..for the D.G. West Bengal.
Ms. Ranjabati Ray and Ms. Shrivalli Kajaria, Advocates (Present in Court) ..for all S.P.s of Police.
Mr. Y.J. Dastoor, Additional Solicitor General with Mr. Phiroze Edulji, Mr. Bhaskar Prosad Banerjee, Mr. Arijit Majumdar and Ms. Amrita Pandey, Advocates (Present in Court) ..for the Union of India.
Mr. Kishore Datta, Advocate General with M/s. Sayan Sinha and Debashish Gosh, Advocates (Through VC) ..for the State.
Mr. Subir Sanyal, Advocate and Ms. Sumouli Sarkar, Advocate (Through VC) ..for the NHRC.
4WPA(P) 142 of 2021 M/s. Arvind Datar, Sidhant Kumar, Manyaa Chandok, Suvrodal Choudhury and Dipayan Chaudhury, Advocates (Through VC) ..for the ECI.
Mr. Dastoor, learned Additional Solicitor General has filed DNA testing report of deceased Abhijit Sarkar in a sealed cover (five sets) in Court. In addition to that one envelope containing certificate under Section 65-B of the Evidence Act with reference to the video recording of autopsy of the aforesaid deceased has also been filed. Both the sets be kept in a sealed cover in safe custody with the Registrar General of this Court.
He further pointed out that the sample from which DNA testing was conducted has also been handed over back in sealed cover by the CFSL. He brought the sealed pack in Court. Let the same be returned back to the Command Hospital for proper preservation.
Exception to the report in the form of affidavit submitted by Bhagawati Prasad Gopalika, Additional Chief Secretary, Home and Hill Affairs Department and Home Secretary, Government of West Bengal dated July 26, 2021 along with its Annexures, filed in Court is taken on record.
At the time of hearing Mr. Kishore Datta, learned Advocate General sought further time to file supplementary affidavit.
Even though, on the last date of hearing i.e. July 22, 2021 we had granted last opportunity to the State to file 5 WPA(P) 142 of 2021 affidavit on or before July 26, 2021, however, as a matter of indulgence one more opportunity is granted to the State to file supplementary affidavit. Soft copy thereof be served upon the learned counsel for the petitioners on or before July 31, 2021.
It is made clear that whatever pleadings are to be filed by the State or any other parties, the same shall be completed by July 31, 2021 with copies in advance to opposite side.
Adjourned to August 2, 2021 for arguments. It is made clear that no further adjournment shall be granted to the parties.
[Rajesh Bindal, C.J.(A)] [I.P. Mukerji, J.] [Harish Tandon, J.] [Soumen Sen, J.] [Subrata Talukdar, J.]