Susmita Saha Dutta vs The Union Of India And Ors
2022 Latest Caselaw 7510 Cal

Citation : 2022 Latest Caselaw 7510 Cal
Judgement Date : 14 November, 2022

Calcutta High Court (Appellete Side)

Susmita Saha Dutta vs The Union Of India And Ors on 14 November, 2022

11 to 21 ss/jks 14.11.2022 WPA(P) 142 of 2021 With CAN 1 of 2021 CAN 3 of 2021 CAN 5 of 2022 CAN 6 of 2022 CAN 7 of 2022 CAN 8 of 2022 CAN 9 of 2022 CAN 10 of 2022 CAN 11 of 2022 CAN 12 of 2022 CAN 13 of 2022 CAN 14 of 2022 Susmita Saha Dutta Vs.

The Union of India and Ors.

With CPAN 667 of 2021 Anindya Sundar Das Vs.

Sanjay Sarkar With CPAN 686 of 2022 Madhabi Sarkar & Anr.

Vs.

Dr. Hari Krishna Dwivedi With WPA(P) 143 of 2021 With CAN 4 of 2022 Anindya Sundar Das Vs.

Union of India and Ors.

With WPA(P) 144 of 2021 With CAN 2 of 2021 CAN 3 of 2021 CAN 4 of 2022 Priyanka Tibrewal Vs.

The State of West Bengal and Ors.

With WPA(P) 145 of 2021 With CAN 2 of 2021 CAN 3 of 2022 CAN 4 of 2022 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 With CAN 2 of 2021 Kuntal Mojumder Vs.

Union of India and Ors.

With WPA(P) 148 of 2021 With CAN 1 of 2021 CAN 3 of 2021 Susheel Kumar Pandey Vs.

State of West Bengal and Ors.

With WPA(P) 149 of 2021 With CAN 2 of 2021 CAN 3 of 2021 CAN 4 of 2022 Marufa Bibi and Ors.

Vs.

State of West Bengal and Ors.

With WPA(P) 167 of 2021 With CAN 2 of 2021 Kashinath Biswas Vs.

Union of India and Ors.

Ms. Priyanka Tibrewal ... ... petitioner-in-person in WPA(P) 144 of 2021 Mr. Debapriya Samanta Ms. Avipsa Sarkar ... ... for the petitioners in item nos.12 to 14 Mr. Shailendra Mishra Mr. Sushil Mishra Mr. B.K. Singh Mr. Nilanjan Bhattacharjee Mr. Dipanjan Sinha Roy Mr. Deby Choudhury ... ... for the petitioner in WPA(P) 145 of 2021 Mr. Samim Ahammed Mr. Gulsanwara Pervin ... ... for the petitioner in WPA(P) 167 of 2021 Mr. S.N. Mookherjee, AG Mr. Anirban Ray,GP

Mr. Raja Saha Mr. Debashish Ghosh Mr. T.M. Siddiqui Mr. N. Chatterjee Ms. A. Pandey ... ... for the State Mr. Subir Sanyal Ms. Sumouli Sarkar Mr. Sagnik Roy Chowdhury ... ... for NHRC in WPA(P) 144 of 2021 Mr. D.P. Singh Ms. Anamika Pandey Ms. Sneha Singh Mr. Ghanshyam Pandey ... ... for the applicants in CANs 8 to 13/2022 Mr. Asok Kumar Chakaborty, ASG Ms. Amrita Pandey Mr. Arijit Mazumder ... ... for the Union of India Mr. S.V. Raju, ASG Mr. Samrat Goswami Mr. Ankit Bhatia ... ... for the CBI Mr. Ayan Bhattacharjee Mr. Anand Keshri Mr. Ayan Poddar ... ... for the SIT

Learned Additional Solicitor General has raised an

issue that the SIT is issuing notice to CISF personnel

beyond the territorial jurisdiction in violation of the

provisions contained in section 160 of Cr.P.C.

Since there is an objection that no such written

plea has been taken before this court, therefore learned

Additional Solicitor General seeks 10 days time to file an

appropriate application in this regard.

Learned counsel for the applicants in CANs 8 to 13

of 2022 in WPA (P) 142 of 2021 has submitted the CISF

personnel who are posted at different location outside the

State of West Bengal are being issued repeated notices,

therefore they should not be harassed in the meanwhile.

Responding to this, learned Advocate General has

drawn the attention of this Court to his statement made

and recorded in the proceedings dated 15th September,

2022 to the effect that there is no question of their arrest

at this stage. Hence, the said statement duly protects

them. That apart, this Court expects the authorities to

have due regard to the statutory provisions, specially

section 160 of Cr.P.C.

In pursuance to the direction of this Court dated

8th August, 2022 response to CAN 5 of 2022, CAN 6 of

2022, CAN 7 of 2022 and CAN 14 of 2022 in WAP (P) 142

of 2021 on behalf of the State have not been filed so far.

Learned Advocate General seeks 10 days further

time to file the response.

The prayer is allowed.

Let the response be filed within 10 days by serving

an advance copy to learned counsel for the Union of

India.

The 10th Status report on post poll violence cases

in the State filed on behalf of the Central Bureau of

Investigation, Special Crime Branch, Kolkata is taken on

record.

Submission has also been made that in terms of

paragraph 82(vii) of the Full Bench order of this Court

dated 19.08.2021 in WPA(P) 142 of 2021 and Connected

matters, compensation is required to be paid by the State

to the victims of crime as per the policy after due

verification. The said paragraph 82(vii) reads as under:

"82. (vii) Immediate action shall be taken by the State to pay compensation to the victims of crime as per the policy of the State, after due verification. It shall be direct bank transfer in their accounts. The same will not debar them to claim further compensation under any law or scheme of the Government, for which the victims shall be at liberty to avail of their appropriate remedies."

It has also been pointed out that CAN 3 of 2022

and CAN 4 of 2022 have been filed in WPA(P) 145 of 2021

and CAN 4 of 2022 in WPA(P) 143 of 2021 has been filed

seeking compensation in terms of the above direction.

The petitioner is present in person in WPA (P) 144

of 2021 has also submitted that she has filed contempt

petition being CPAN 1108 of 2022 with a prayer to

initiate action against the persons responsible for non-

compliance with the above direction of this Court.

Let the above applications and the contempt

application be also listed for consideration on the next

date of hearing.