Calcutta High Court (Appellete Side)
Susmitasaha Dutta vs The Union Of India And Ors on 3 September, 2021
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
(Appellate Side)
WPA(P) 142 of 2021
SusmitaSaha Dutta
Vs.
The Union of India and Ors.
with
WPA(P) 143 of 2021
Anindya Sundar Das
Vs.
Union of India and Ors.
with
WPA(P) 144 of 2021
Priyanka Tibrewal
Vs.
The State of West Bengal and Ors.
with
WPA(P) 145 of 2021
Pradipta Arjun
Vs.
Union of India and Ors.
with
WPA(P) 146 of 2021
Smt. Aparajita Mitra
Vs.
The Union of India and Ors.
with
WPA(P) 147 of 2021
KuntalMojumder
Vs.
Union of India and Ors.
With
WPA(P) 148 of 2021
Susheel Kumar Pandey
Vs.
State of West Bengal and Ors.
with
WPA(P) 149 of 2021
Marufa Bibi and Ors.
Vs.
State of West Bengal and Ors.
with
WPA(P) 167 of 2021
Kashinath Biswas
Vs.
Union of India and Ors.
Present:
Mr. Rabi Sankar Chattapadhyay,
M/s. Uday Sankar Chattopadhyay and Santanu Maji, Advocates
..for the Petitioner(s) in WPA(P) 143 of 2021
and WPA(P) 167 of 2021
Mr. Y.J. Dastoor, Additional Solicitor General with
Mr. Phiroze Edulji,Mr. Bhaskar Prosad Banerjee,
Mr. Arijit Majumdar, Ms. Anamika Pandey
and Ms. Amrita Pandey, Advocates
..for the Union of India.
M/s Sidhant Kumar, Manyaa Chandok,
Suvrodal Choudhury and Dipayan Chaudhury, Advocates
..for the ECI.
Coram: THE HON'BLE JUSTICE RAJESH BINDAL,
CHIEF JUSTICE (ACTING)
THE HON'BLE JUSTICE I.P. MUKERJI
THE HON'BLE JUSTICE HARISH TANDON
(Through VC)
THE HON'BLE JUSTICE SOUMEN SEN
THE HON'BLE JUSTICE SUBRATA TALUKDAR
ORDER
1. Vide order passed by this Court on August 19, 2021, in Para
No. 82(ii) we had directed to constitute a Special Investigation Team (for
short, 'SIT') to monitor the investigation of specific categories of cases. The
working of the team was directed to be monitored by a retired Hon'ble
Supreme Court Judge. On account of immediate non-availability of a retired
Hon'ble Supreme Court Judge to take up the assignment, we deem it
appropriate to modify the aforesaid part of the order. While adding that the
working of the SIT is to be monitored by a retired Chief Justice of a High
Court.
2. Further we had requested Hon'ble Ms. Justice Manjula Chellur,
retired Chief Justice of this Court to take up the assignment. She has very
graciously accepted our request. We accordingly appoint her to overview the
working of SIT.
3. As an interim measure the State Government shall pay a sum of
10 lakhs to her for the assignment. In addition to that she will be entitled to
travel from her place of stay to any place in connection to the work assigned
and stay, which is befitting to a Chief Justice. It shall be the duty of the
Chief Secretary of the State of West Bengal to ensure that all arrangements
for her travel and stay are made and protocol facilities are extended to her.
4. There is a small correction in paragraph 158 of the judgment.
The word 'all' should be added in between the words 'at' and 'costs' in the
last sentence of the said paragraph. After correction, the said sentence shall
read as follows:
"The institutional independence of the agencies should be of
paramount consideration and should be maintained throughout
at all costs."
Rajesh Bindal, C.J.(A)
I.P. Mukerji, J.
Harish Tandon, J.
Soumen Sen, J.
Subrata Talukdar, J.
KOLKATA
September 03, 2021
