Calcutta High Court (Appellete Side)
Kanishk Sinha & Anr vs The State Of West Bengal & Ors on 3 November, 2021
Author: Jay Sengupta
Bench: Jay Sengupta
03.11.2021
15,Ct.07
S.Das/AJ
W.P.A. 17466 of 2021
Kanishk Sinha & Anr.
-Vs-
The State of West Bengal & Ors.
Mr. Kanishk Sinha.
.....for the petitioner (in person).
Mr. S.N. Mookherjee, Ld. A.G.,
Mr. Tapan Kumar Mukherjee,
Mr. Himadri Sikhar Chakraborty,
Mr. Sutanu Chakraborty.
.....for the State.
Affidavit-of-service filed on behalf of the
petitioners appearing in person is taken on
record.
Although the State of West Bengal is
represented, no one appears on behalf of the
other respondents.
The petitioner no.1 appearing in person on behalf of both the petitioners submits as follows. The petitioner no.2 is the wife of petitioner no.1. Earlier, a Co-ordinate Bench of this Court had entertained an application preferred by the petitioner no.2 and, inter alia, granted liberty to the petitioner to approach the respondent authorities for issuance of visa upon the petitioners having conducted a valid marriage under the Foreign Marriage Act, 1969 as well as the petitioner no.2 to apply for a visa in normal course as and when the prevalent restrictions would be lifted. Visa has been applied for and 2 couple got married in the meantime. However, the petitioner no.2 was apprehended and a case under the Foreigners Act was thrust upon her. She is still in custody. Although the matter relates to the First Information Report that was registered in Bihar, this Court also has the jurisdiction to deal with the application as it involves interpretation of certain provisions of the Foreigners Act and this Court had earlier entertained an application involving similar issue.
Learned senior counsel appearing on behalf of he State submits that this application is not maintainable and ought to be dismissed on the ground of lack of territorial jurisdiction alone. At the point the writ application was moved before the Hon'ble Co-ordinate Bench, no such criminal case was pending in Bihar.
Let the petitioners file a supplementary affidavit incorporating a copy of the petition in the writ application being W.P.A. 1816 of 2021 as also a copy of the order dated 4th February, 2021 passed in the said application. An advance copy of the same shall be served upon the learned counsel for the State.
Let this matter appear before the regular Bench on 9th November, 2021.
3
It is clarified that the question of maintainability of the application shall also remain open.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(Jay Sengupta, J.)