Calcutta High Court (Appellete Side)
Sabiterisarkar Barman vs The State Of West Bengal And Ors on 8 May, 2023
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
08.05.2023
Court No.13
Item No.9
AP
WPA 10346 of 2023
With
CAN 1 of 2023
With
CAN 2 of 2023 (Not found in the file)
Sabiterisarkar Barman
Vs.
The State of West Bengal and Ors.
Mr. Krishnendu Bhattacharya
Mr. Lokenath Chatterjee
Ms. Amrita Pandey
Mr. Ghanshyam Pandey
Ms. Sneha Singh
... For the Petitioner.
Mr. Samrat Sen, Senior Advocate
Mr. Amal Kumar Sen
Mr. Lal Mohan Basu
Mr. Nilotpal Chatterjee
... For the State.
Mr. Ashoke Kumar Chakraborty, A.S.G.I.
Mr. Dhiraj Tribedi
Mr. Arun Kumar Maiti
... For the CBI.
Mr. Billwadal Bhattacharyya
Mr. Surendra Kumar
... For the Respondent No.10.
Mr. Debashis Banerjee Mr. Rakesh Jana ... For the applicant in CAN 1 of 2023. Mr. Soumya Majumdar Mr. Suryaneel Das Mr. Chiranjit Pal ... For the applicant in CAN 2 of 2023.
1. Affidavit-in-opposition to the application filed by the West Bengal Commission for Protection of Child Rights is kept with the record.
2. The exception taken by the petitioner to the report filed by the Inspector-in-Charge, Kaliyaganj is also kept with the record.
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3. The National Commission for Protection of Child Rights (NCPCR) has produced a report before this Court as directed in the order dated 2nd May, 2023.
4. The report having been seen by this Court is hereby resealed and returned back to Mr. Billwadal Bhattacharyya, their counsel.
5. Ld. Counsel for the NCPCR, however, submits that the report is interim in nature. The NCPCR may file a comprehensive report on the adjourned day or as may be deemed appropriate by them.
6. It is submitted that instructions shall be obtained as to whether the second post mortem is also desired by the NCPCR.
7. CAN 1 of 2023 for addition of parties is opposed by the petitioner. This Court is however of the view that the State Commission for Protection of Child Rights (SCPCR), is a necessary party. Let SCPCR be added as a party respondent to the instant proceedings. Ld. Advocate on record shall amend the cause title forthwith.
8. Counsel for the SCPCR submits that its own enquiry is underway and a report is proposed to be filed on their behalf.
9. Let such report be filed before this Court on the adjourned date.
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10. CAN 2 of 2023 has been filed by Mr. Suvendu Adhikari, the Leader of the Opposition in the State. He seeks to intervene in the matter primarily because he has been show caused by the State Commission for Protection of Child Rights. Let copies of the CAN 2 of 2023 be circulated amongst all parties.
11. Let appropriate submissions be made by the parties on CAN 2 of 2023 on the adjourned date.
12. The scope of enquiry by this Court is restricted to the prayers made in the writ petition particularly as to whether the investigation into the matter ought to be transferred to the CBI.
13. Counsel for the State Commission for Protection of Child Rights as well as the National Commission for Protection of Child Rights made submissions on the interpretation of Section 13(2) of the Commission for Protection of Child Rights Act, 2005. The rival jurisdiction and the legality of the enquiry of one Commission vis a vis the other, shall be addressed on the adjourned date.
14. Let this matter stand adjourned and be listed under the same heading on 10th May, 2023 at 2 pm.
15. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
(Rajasekhar Mantha, J.) 4