Satendra Singh vs The Hon'Ble Speaker Of The W.B. ... on 4 October, 2021

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Calcutta High Court (Appellete Side)

Satendra Singh vs The Hon'Ble Speaker Of The W.B. ... on 4 October, 2021

Bench: Rajasekhar Mantha

04-10-2021
 ct no. 13
Sl.1 (suppl.)
    sp

                                      WPA 16786 of 2021
                                       Satendra Singh
                                       -Versus-
                The Hon'ble Speaker of the W.B. Legislative Assembly, Biman
                                     Banerjee & Anr.
                                 (Via Video Conference)

                     Mr.   Tushar Mehta, ld. Solicitor General,
                     Mr.   Mr. Y.J. Dastoor, ld. Additional Solicitor General,
                     Mr.   Phiroze Edulji,
                     Mr.   Kanu Agarwal,
                     Mr.   Samrat Goswami
                                                             ...for the petitioner



                             The writ petitioner is Deputy Superintendent of

                     Police, C.B.I., who conducted an investigation into acts

                     of omission and commission of Ministers and Members

                     of the West Bengal State Legislative Assembly. A

                     charge sheet has been filed and the Special C.B.I.

                     Court is in seisin over the matter.

                             The petitioner was summoned to appear before

                     the Speaker of the West Bengal State Legislative

                     Assembly from time to time lastly on today, the 4th of

                     October 2021 at 1 p.m. On each of the earlier

                     occasions, the petitioner replied to the questions

                     raised by the Speaker on the propriety of the

                     investigation.

                             Mr. Tushar Mehta, learned Solicitor General

                     submits before this Court that since the C.B.I. has

                     obtained sanction of the Hon'ble Governor of the State

                     of West Bengal for prosecuting the four Members of
                           2




the legislature and hence the Speaker does not have

authority, to question the same.

       Mr. Mehta also argued that the issue as regards

the authority of the Hon'ble Governor to grant

sanction, may also be subject matter of a proceeding

before five Judges' bench of this Court or any

jurisdictional Court.

       Mr. Mehta, therefore, prays that the petitioner

be exempted from appearing before the Speaker for the

day.

       Mr. Edulji, learned junior Advocate and Mr.

Dastoor, learned Additional Solicitor General, indicate

to this Court that there was an attempt to serve a copy

of the writ application on the respondents and their

officials after leave was granted by this Court in the morning to move this application today at 2 p.m. The said officials were however made to sit for long before receipt of a copy.

This Court is of the view that the respondents are required to be heard before any orders are passed.

Since the Speaker is a Constitutional functionary, the petitioner shall appear before the Speaker at about 4 p.m. today (04.10.2021). The views of the Speaker shall be heard by the petitioner and an adjournment shall be prayed.

Let this matter stand adjourned and be listed tomorrow (05.10.2021) at 2 p.m. It is made absolutely clear that the appearance of the petitioner before the Speaker, shall be strictly 3 without prejudice to his argument that the Speaker does not have jurisdiction, to summon the petitioner or question the sanction already granted by the Hon'ble Governor of the State, to initiate prosecution against the four Ministers/Members of the Legislative Assembly of the State of West Bengal.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)

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