Calcutta High Court (Appellete Side)
8 Shakti Shankar Bagchi vs Ct-08 Hon'Ble Chief Justice on 29 April, 2022
05, 29.04.2022
06, MAT 1165 of 2019
07
&
08 Shakti Shankar Bagchi
Vs.
Ct-08 Hon'ble Chief Justice,
High Court, Calcutta & Ors.
with
WPA 26517 of 2016
ar
Shakti Shankar Bagchi
Vs.
State of West Bengal & Ors.
with
WPA 9934 of 2016
Shakti Shankar Bagchi
Vs.
Hon'ble Chief Justice,
High Court, Calcutta & Ors.
with
CRR 990 of 2021
Mumtaz Begum
Vs.
State of West Bengal & Anr.
with
CRAN 2 of 2022
Mr. Shakti Shankar Bagchi (in person)
.... For the Appellant MAT 1165 of 2019 and
for the petitioner in WPA 26517 of 2016,
WPA 9934 of 2016
Mr. Soumendranath Mukherjee
Mr. Biswabrata Basu Mallick
Mr. Anubrata Santra
.... For the State in MAT 1165 of 2019,
WPA 26517 of 2016, WPA 9934 of 2016
Mr. Jaydip Kar, Sr. Adv
Mr. Siddhartha Banerjee
.... For the High Court Administration
Mr. Avik Ghatak
Mr. Soham Kumar Roy
Mr. Saibal Kumar Dasgupta
.... For the Petitioner in CRR 990 of 2021
Mr. Saswata Gopal Mukherjee, Ld P.P
Mr. Swapan Banerjee
Mr. Suman De
.... For the State in CRR 990 of 2021
2
A copy of the affidavit filed by the respondent
no. 5/State in department on 27the April, 2022 being filing no. A-7464 is taken on record.
A copy of the said affidavit is served upon Mr. Shakti Shankar Bagchi, appearing in person, in court today.
However, in spite of our direction in our earlier order nobody appears on behalf of the Ministry of External Affairs, CPV Division, Extradition Section to file an affidavit with regard to steps taken for extradition of Ms. Mamtaz Begum.
Mr. Rishikesh Mina, Deputy Inspector General of Police (Organisation) is present in court in terms of order dated 1st April, 2022. Mr. Mina has stated candidly that after he assumed charge this matter came to his notice. On enquiry it is found that one of the Inspectors related to this matter had retired from service and disciplinary proceeding is pending against the other Inspector for his lapse in executing the warrant. We direct the police authorities to conclude the said proceeding at the earliest. He also admits that the lapses of the investigating officer are quite clear.
Mr. Amalesh Bala, Inspector of Police, District-Murshidabad, attached to Murshidabad Police District has filed the affidavit on behalf of the respondent no. 5/State, wherefrom it appears that steps have been taken for apprehending the accused.
Accordingly, we adjourn this matter till 24th June, 2022 when the Inspector of Police shall file an affidavit disclosing further development in the matter.
We request Mr. Billadal Bhattacharya, Assistant Additional Solicitor General, to appear 3 in this matter with proper instruction on the adjourned date.
Time to file affidavit, in terms of our earlier order, by Ministry of External Affairs, CPV Division, Extradition Section is extended till 17th June, 2022.
We request Mr. Siddhartha Banerjee, learned counsel assisting Mr. Joydeep Kar, Senior Advocate representing the High Court Administration, to communicate this order along with a copy of the order dated 1st April, 2022 to Mr. Billadal Bhattacharya, Assistant Additional Solicitor General, within one week from date. The High Court Administration is directed to supply photostat copy of MAT 1165 of 2019 and the affidavit filed by the respondent no. 5 to Mr. Billwadal Bhattacharya within one week from date, free of cost, in order to enable him to take appropriate instruction and file affidavit in terms of our earlier order.
In case Mr. Bhattacharya requires any other documents, the High Court Administration shall provide the same free of cost.
Personal appearance of Mr. Rishikesh Mina, Deputy Inspector General of Police (Organisation) is dispensed with.
Mr. Avik Ghatak, learned counsel appears on behalf the petitioner, Ms. Mumtaz Begum in CRR 990 of 2021. This matter shall be heard along with the main matter.
It appears from the record that Ms. Mumtaz Begum did not take any step for extension of the interim order in her favour and took advantage of the said interim order to avoid execution of the warrant while she was in India.
The department is directed to make a 4 duplicate set of CRR 990 of 2021 to be made available immediately and to be retained with the original file.
Let this matter appear on 24th June, 2022.
(Ajoy Kumar Mukherjee,J.) (Soumen Sen, J.)