Calcutta High Court (Appellete Side)
In Re: The Court On Its Own Motion vs Registrar General on 1 May, 2019
1
01.05.2019
serial no. 1
Aloke/ D.D WP 9313 (W) of 2019
With
CAN 4696 of 2019
With
CAN 4728 of 2019
In re: The Court on its own Motion
And
1. Registrar General, Calcutta High Court
2. District Judge, Howrah
3. Chief Judicial Magistrate, Howrah
4. Union of India, represented by Additional Solicitor General,
5. State of West Bengal, represented by Advocate-General,
6. Chief Secretary, Government of West Bengal,
7. Secretary, Home Department, Government of West Bengal,
8. Director General of Police, State of West Bengal,
9. Commissioner of Police, Howrah Police Commissionerate,
10. Superintendent of Police, Howrah Commissionerate,
11. Commissioner of Howrah Municipal Corporation,
12. Station House Officer (SHO), Howrah
Mr. Kishore Dutta, ld. AG
... ...For the State
Mr. Rohit Kumar Show
Mr. Saikat Saha Banik
Mr. Niladri Saha
...For the proposed Added Respondent/
applicant in CAN 4728 of 2019 Mr. Imtiaz Ahmed Mr. Rohit Kumar Shaw Mr. Saikat Saha Barik Mr. Subhajit Bal Mr. Sumeet Chaudhury Mr. Samir Basu Roychowdhuri Mr. Soumya Basu Ray Chowdhuri Mr. Partha Dutta ...For the Bar Association, High Court, Calcutta 2 Mr. Saptangshu Basu, ld. sr. adv.
Mr. Subir Sanyal Mr. Subhasish Chakraborty Mr. Samim Ahmed Mr. Achin Jana Mr. Sabyasachi Chatterjee Mr. Sudipta Dasgupta Mr. Suman Chakraborty Ms. Minalini Majumder Mr. Sankar Singh ... ...For the Howrah Bar Association Mr. Jaydeep Kar, sr. adv.
Mr. Siddhartha Banerjee .. ...For the Registrar General, High Court, Calcutta Mr. Brijin Krishna . ... Howrah Municipal Corporation in person Read orders dated April 29, 2019 and April 30, 2019. The order dated April 30, 2019 is only one which rectifies certain clerical errors in the order dated April 29, 2019.
Following the directions contained in the aforesaid orders, the learned Advocate General submits that there is no officer as Superintendent of Police, Howrah Commissionerate and it is the Commissioner of Police who is in charge of that jurisdiction. Therefore, as suggested by the learned Advocate General, Superintendent of Police, Howrah Commissionerate which is arrayed as respondent no. 10 is deleted from the array of parties.
The learned Advocate General further submits that respondent nos. 7, 8, 9 and 12 have filed separate affidavits as directed by this Court.
The Commissioner of Howrah Municipal Corporation has also filed a separate affidavit.
3Let copies of aforesaid affidavits be served on Mr. Jaydeep Kar, learned senior counsel appearing on behalf of Registrar General of the Calcutta High Court.
The application, being CAN 4696 of 2019, is an application for intervention by the duly authorised agent of the Bar Association of Howrah. Accordingly, the said application being CAN 4696 of 2019 is allowed.
All other applications for intervention, directions etc. will stand deferred for the time being.
In view of the intervention application being CAN 4696 of 2019 having been allowed, the copies of the counter affidavits which are filed by the different respondents shall be served on the learned counsel appearing for the said intervenor as well. The supplementary affidavit filed by the intervenor is kept on record.
The copies of the intervention application be served on the learned Advocate General, the learned counsel for the Registrar General of this Court and the learned counsel for the Corporation of Howrah.
Taking into consideration the fact that the Howrah area is going to polls on May 6, 2019, we direct that this matter be placed at the top of the list on May 8, 2019. The police officials and the State Government are directed to ensure that law and order is maintained and there is no intrusion into the premises of the Howrah Court without request or direction by the judicial officer in control. Law and order will be maintained subject to all directions to be issued by the Election Commission in view of the ensuing elections. It shall be understood that there is no room for any apprehension that peaceful assembly of individuals, without being in 4 conflict with law, will be interfered with. Police will abide by specific directions, if any, that may be issued from time to time by the Election Commission.
The intervenor, if so advised, will place its response to the affidavits placed by the official respondents.
All other matters will stand adjourned and listed along with WP 9313 (W) of 2019 on May 8, 2019.
[Thottathil B. Radhakrishnan, C.J] [Arijt Banerjee, J]