Dr. Nirmal Maji vs Dr. Kunal Saha
2022 Latest Caselaw 5541 Cal

17.08.2022
Sl. No.06
 Ct.No.42

                                   IA No:CRAN/1/2022
                                          In
                                    CRR 1086 of 2022

                                       Dr. Nirmal Maji
                                            Vs.
                                       Dr. Kunal Saha



             For the petitioners   :
                                        Mr.   Biplab Guha, Adv.,
                                        Mr.   Saibalendu Bhowmick, Adv.,
                                        Mr.   Rajsekhar Basu, Adv.,
                                        Mr.   Avik Ghatak, Adv.,
                                        Mr.   Soham De Dhara, Adv.

             For the Registrar (Judicial Service) :
                                      Mr. Saikat Banerjee, Adv.,
                                      Ms. Juin Dutta Chakraborty, Adv.,


             For the State     :
                                        Mr. Imran Ali, Adv.,
                                        Ms. Debjani Sahu, Adv.

             For the Respondent No.1 :

Dr. Kunal Saha (in person)

In terms of the order dated 29th July, 2022, the

Registrar (Judicial Service) has filed a report stating, inter

alia, that the judgment dated 29th July, 2022 was placed

before the Hon'ble The Chief Justice and the Hon'ble The

Chief Justice has been pleased to direct to place the

matter before the Administrative Committee in the next

meeting and the matter is awaiting decision of the

Administrative Committee since then.

This pertains to establishment of a special court in

the rank of Judicial Magistrate to dispose of the pending

cases against the elected MLAs and MPs in the State of

West Bengal in terms of the direction issued by the

Hon'ble Supreme Court on 24th November, 2021 in IA

No.149484/2021 in Writ Petition (Civil) No.699 of 2016

(Ashwiani Kumar Upadhyay vs. Union of India & Anr.). In

the order dated 29th July, 2022 this Court held that on

receipt of report of the Registrar (Judicial Service), High

Court, Calcutta this Court will consider as to whether by

passing a judicial order, a court of the learned Judicial

Magistrate First Class would be designated as a special

court to try the said class of cases.

When it is found from the report of the Registrar

Judicial Service, High Court, Calcutta dated 16th August,

2022 that the Administrative Committee of this Court will

consider establishment of the court of the learned Judicial

Magistrate of First Class as a specially designated court to

try the pending cases against elected MLAs and MPs in the

State of West Bengal, this court refrains from passing any

order directing establishment of a specially designated

court to try the said class of cases.

It is urged by Dr. Kunal Saha, the opposite party

herein that he is overstaying in this country since August,

2021 for the purpose of this case only due to the reason

that a court of the learned Judicial Magistrate First Class

has not been designated by the High Court as per the

order of the Hon'ble Supreme Court dated 24th November,

2021.

Therefore, it is expected that the High Court in its

administrative power will designate a court of the learned

Magistrate First Class as the special court without further

delay.

It is submitted by Dr. Kunal Saha, opposite party

No.1 that in the order dated 29th July, 2022 his name has

not been recorded inadvertently.

It is noted that Dr. Kunal Saha, opposite party No.1

contested the revisional application in person. His

appearance is thus recorded.

(Bibek Chaudhuri, J)