Palash Das vs The Union Of India And Ors on 25 January, 2023

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Calcutta High Court (Appellete Side)

Palash Das vs The Union Of India And Ors on 25 January, 2023

Bench: Rajasekhar Mantha

25.01.2023
Court No.13
Item No.50
AP


                             WPA 26650 of 2022
                                     With
                   IA NO: CAN 1 of 2022 (Not found in the file)

                                    Palash Das
                                        Vs.
                            The Union of India and Ors.


              Mr. Piyush Chaturvedi
              Mr. Tarun Kumar Das
                                                     ... For the Petitioner.

              Ms. Susmita Saha Dutta
                                              ... For the Union of India.

              Mr. Billwadal Bhattacharyya
              Mr. Debasish Tendon
                                                           ... For the NIA.

              Mr. Shibaji Kumar Das
              Mr. Ahshan Ahmed
                                          ... For the added respondents.

CAN 1 of 2022 is an application for addition of parties.

Mr. Chaturvedi, learned counsel for the petitioner opposes the application. It is submitted that the applicants of CAN 1 of 2022 have no locus until completion of the enquiry as regards their nationality. Admittedly, the petitioner is married to Priya Das. The other proposed respondents are Jadu Gopal Das, Malina Das father-in-law and mother-in-law of the writ petitioner.

Counsel for the Union of India submits that an enquiry as regards the nationality of the added respondents is under way.

In the backdrop of the above facts and circumstances of this case, this Court is of the view that the applicants, i.e. Priya Das, Jadu Gopal Das, Malina Das, shall be added as party respondents to the instant proceedings.

Formal service of the writ petition to the added respondents is waived since the added respondents have obtained a copy of the writ petition from the website of the High Court.

With the aforesaid observations, the CAN 1 of 2022 shall stand disposed of.

Mr. Das, learned counsel for the added respondents submits that the writ petitioner is guilty of suppression of material facts of an order dated 14th September, 2022 passed in WPA 19138 of 2022 .

Mr. Chaturvedi learned counsel for the petitioner submits that the added respondents which includes his wife Priya Das have cheated and induced him into marriage suppressing that they are Bangladeshi nationals.

An FIR has been registered, inter alia, under Section 498A of the Cr.PC against the petitioner by his wife.

It would be inappropriate even to take a prima facie view of the matter since the enquiry by the State Police has stopped after a report was sought from the High Commission of Bangladesh at Kolkata. 3

Since the Ministry of Home Affairs is investigating into the matter, let a report be filed by the Ministry on the adjourned date.

Mr. Bhattacharyya, Deputy Solicitor General submits that the NIA is neither a necessary nor an proper party to the instant proceeding. It is submitted that a matrimonial dispute is now being converted into a nationality dispute.

This Court is of the view that the NIA has no role to play in the instant proceedings. Let the NIA (respondent No.8) be struck off from the array of respondents in the instant proceedings.

List the matter on 28th February, 2023.

(Rajasekhar Mantha, J.)

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Calcutta High Court (Appellete Side)