Kolkata:

An “absolute failure of state machinery” led to the vandalism at Kolkata’s RG Kar Hospital late Wednesday and early Thursday, the Calcutta High Court said this morning, warning the Bengal government it would order the medical facility to be closed if it is not properly protected.

The medical college was the scene of a grisly murder, and potential rape, on August 9, which has triggered protests and political squabbles nationwide, including Thursday’s ‘Reclaim The Night’ movement during which a mob clashed with police and vandalised parts of the hospital.

In response to the court’s questions, the state explained, “… there was a mob of around 7,000. The number suddenly swelled… I have videos. They broke barricades… tear gas was fired and 15 police personnel were injured. Deputy Commissioner was injured. Police vehicles damaged. Emergency room ransacked (but) place of occurrence (the crime scene) was protected.”

“Hard To Believe Police Didn’t Know…”

But the court, which came down strongly on the hospital administration and the cops in earlier hearings too – after the doctors’ parents alleged negligence – seemed to dismiss the argument.

A bench led by Chief Justice TS Sivagnanam demanded to know why permission was granted for public protests on so volatile an issue. “Normally police has an intelligence wing… similar things happened on Hanuman Jayanti. If 7,000 are to gather, it hard to believe police did not know.”

The state responded that no permission had been granted, but the High Court refused to let the matter drop, pointing out that Section 144 (which prohibits large public gatherings in notified areas) was in effect at the time. “… you should have cordoned off the area,” the cops were told.

“7,000 people can’t come walking…” the court continued, waving away the state’s arguments.

“Absolute Failure Of State Machinery”

“This is an absolute failure of state machinery…” the court thundered, “So they (the police) couldn’t protect their own men? A sorry state of affairs. How will doctors there work fearlessly?”

“You are taking measures? What are the preventive measures?” the court also asked.

Meanwhile, arguing for the parents, senior advocate Bikash Ranjan Bhattacharya, claimed the police “hid behind the protesters” and argued that a misunderstanding, and not police action, had saved the crime scene from vandalism.

“These hooligans went to look for the third floor.. third floor means fourth storey in Bengali, which was the place of occurrence. They misunderstood and went to the second floor instead, thereby saving the crime scene. State machinery failed… crime scene was RG Kar Hospital and police couldn’t save it.”

The parents’ counsel also flagged demolition/renovation work near the crime scene, which hospital authorities have said had been planned earlier and had nothing to do with the crime.

“What was the urgency…” the court asked, “You go to any district court… no ladies washroom. PwD (Public Works Department) does nothing… what was the need here?”

“We will close down the hospital. We will shift everyone. How many patients are there?” the court raged, even as the state repeatedly assured the court “the crime scene is secure”.

“Okay… we take your word,” the court finally said, but added, “You should also be disturbed! Being a citizen of the city it pains me… It should pain you also.”

The High Court eventually ordered the police, who have arrested nine people so far, to place all details about the protest, including a timeline of events, before the Central Bureau of Investigation, to which the court has given the larger case. “The CBI is directed to proceed as deemed appropriate.”

“What is more important is hospital doctors presently protesting are given adequate protection to discharge their duties. We earlier reminded doctors of their obligation to treat patients… but this incident would definitely impact their mindset.”

Kolkata:

The probe into the chilling rape and murder of a 31-year-old doctor in Kolkata’s RG Kar Medical College and Hospital must be transferred to the Central Bureau of Investigation (CBI), the Calcutta High Court ruled today.

The court noted serious lapses in the hospital administration’s response after the doctor was found dead in its seminar hall on Friday morning, her clothes in disarray and injuries all over her body. The victim’s parents, the court said, want an investigation by an independent body to ensure that evidence is not tampered with.

The court today came down heavily on Dr Sandip Ghosh, the former principal of the state-run college, saying it was “disheartening” that he was not “proactive”. The court also flagged that the former Principal was given the same role in another college hours after he resigned and said he must be immediately relieved of duties and sent on leave.

Dr Ghosh stepped down yesterday, saying that he cannot take the humiliation on social media in the wake of the doctor’s rape-murder. Hours later, he was given a new role as the Principal of Calcutta National Medical College. This sparked a wave of protest, as protesting doctors questioned the rush behind his new appointment.

Pulling up the state government for giving a new role to Dr Ghosh shortly after his resignation, the court said, “The appropriate authority should have borne in mind the circumstances under which the resignation was given. Therefore, even that resignation was not accepted, the least that can be expected from the department is to release the Principal from the administrative responsibility and not assign him any other duty of equal responsibility. This professor has been made Principal of another medical college. It is not clear as to what was the urgency in doing so.”

The court also said that Dr Ghosh is the first person whose statement must have been recorded by investigators. “We don’t doubt his professional skills but once he is appointed principal he is a an administrator. You should have recorded his statement, why protect him? There is something amiss.” 

The hospital administration, the court noted, was not with the victim or the family of the victim. “The case on hand is a peculiar case. There should be no further loss of time. There may be possibility of evidence being tampered,” the court said.

The high court also noted that it would have given more time to state police under “normal circumstances”. “Even after five days there have been no significant conclusions which should have happened by now. Therefore, we are justified that there is every possibility that evidence will be destroyed. We deem it appropriate that the case must be transferred to CBI with immediate effect,” the court said.

Earlier, West Bengal Chief Minister Mamata Banerjee had said Kolkata Police must complete their probe by Sunday, failing which the state government would recommend a CBI probe if the victims’ parents want. Opposition parties, led by the BJP, had demanded a central agency probe, warning against tampering of proof if state police investigated the case that has sent shockwaves through the nation.

The Calcutta High Court on Friday directed that Bengal Chief Minister Mamata Banerjee is free to make any statement concerning Governor C V Ananda Bose, not crossing the contours of freedom of speech and public duty.

“Otherwise, the appellants run the risk of being exposed to a claim for heavy damages and other retaliatory actions,” the division bench, comprising Justices Biswaroop Chowdhury and I P Mukerji, said modifying the single bench order.

Ms Banerjee and Trinamool Congress leader Kunal Ghosh had moved an appeal before a division bench, challenging an interim order by a single bench directing the Chief Minister and three others not to make any defamatory or incorrect statement against the Governor by way of publication and on social platforms till August 14.

The court noted that the lawyers for the respondents in the defamation suit have “very correctly stated” that the statements referred to in the body of the judgment of the single judge “have not even prima facie been declared to be defamatory of his excellency or incorrect”.

“In the absence of such declaration, what is the defamatory statement referred to in the impugned order which is being restrained from being published in future is not known. This order applies to statements being made by the appellants in future,” the division bench said.

Passing the order, it observed that a man’s reputation is sacrosanct to him and that the law gives him the right to protect it.

“An important part of this reputation is his moral character,” the court observed, noting that the freedom of speech and expression is conferred on every citizen of India as a fundamental right.

Holding that this right “cannot be throttled or gagged”, the bench said this freedom of expression is subject to reasonable restrictions.

The court said one of the restrictions applicable in this case is the restriction that applies to words, spoken or written, that tend to defame others.

The bench observed that public has the right to know the truth and if the truth is in the public interest, a member of the public has every right to expose it.

“If this right is vested in every citizen, such right is vested with more responsibility in the Chief Minister,” it said.

The bench also said that expression of this freedom is, however, subject to certain conditions under the law of defamation.

“The first is that it should stand the test of justification or truth or must be a fair comment or the maker of the statement must owe a duty to the persons to whom the defamatory statement was published, which is described as qualified privilege.

“If the maker fails the test he is liable to pay damages in the civil action and may be charged with commission of an offence,” the bench observed.

Mr Bose had sought to restrain Ms Banerjee, two newly elected MLAs and another Trinamool Congress leader from issuing remarks in connection with alleged incidents at Raj Bhavan.

The Bengal Governor filed the defamation suit against Mamata Banerjee’s comment that women had expressed fear about visiting the Raj Bhavan, which he said were “erroneous and slanderous impressions”.

The Chief Minister made the comment while expressing her displeasure over the confusion regarding the oath-taking ceremony of two newly elected party MLAs. She had backed their decision of not accepting the Governor’s invitation to go to Raj Bhavan and attend the oath ceremony there.

The MLAs, Sayantika Banerjee and Reyat Hossain Sarkar, had written to him seeking to take oath at the assembly.

Kolkata:

The Calcutta High Court on Wednesday acquitted a person who was arrested on the charge of criticising a state minister on social media.

A single-judge bench of Justice Amrita Sinha directed that Ershad Sultan be released immediately.

The matter related to a meeting of Chief Minister Mamata Banerjee with members of her cabinet, bureaucrats, police officers and heads of the different municipalities in the state on June 28.

The administration arranged for the live streaming of the entire meeting. During the meeting, the arrested person made a comment accusing West Bengal minister Arup Roy and some local Trinamool Congress leaders of encouraging illegal construction in Howrah by illegally filling up water bodies.

The police registered a FIR against Sultan the same day and he was arrested on June 30. His family members approached the High Court against the arrest and the matter came up for hearing on Wednesday.

During the hearing, Justice Sinha raised some questions on the arrest. Her first question was whether the police could arrest anyone if the latter complains or expresses a grievance against anyone. She also questioned whether the arrest was prompted by a complaint from the minister.

Finally she observed that the police has unnecessarily intervened in the matter on the basis of a complaint by a third person.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

Kolkata:

A defamation suit filed by West Bengal Governor C V Ananda Bose against Chief Minister Mamata Banerjee is scheduled to be taken up for hearing before the Calcutta High Court on Wednesday.

Mr Bose filed a defamation case against Ms Banerjee on June 28, a day after she claimed that women complained to her saying that they were afraid to visit the Raj Bhavan because of the activities there.

The defamation suit filed by Mr Bose against Ms Banerjee is listed for hearing on Wednesday before the bench of Justice Krishna Rao, according to the high court’s website.

Following Ms Banerjee’s remarks, the governor had said that it was expected of public representatives not to create “erroneous and slanderous impressions.” 

During an administrative meeting in the state secretariat, Ms Banerjee on June 27 claimed that “women have informed her they are afraid to visit Raj Bhavan due to recent incidents reported there”.

On May 2, a contractual woman employee of Raj Bhavan had made an allegation of molestation against Bose, following which the Kolkata Police started an enquiry.

Under Article 361 of the Constitution, no criminal proceedings can be instituted against a governor during his/her term in office.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

New Delhi:

Prime Minister Narendra Modi on Wednesday called the Calcutta High Court decision of striking down the OBC status granted to “77 classes” in West Bengal since 2010 a “tight slap” to the opposition and alleged that the INDIA bloc’s “obsession with appeasement” has crossed every limit.

The Calcutta High Court, in its verdict on Wednesday, noted that “religion indeed appears to have been the sole criterion” for declaring these classes as OBCs.

Stating that the court’s mind is not free from doubt that “the said community (Muslims) has been treated as a commodity for political ends,” the bench added, “This is clear from the chain of events that led to the classification of the 77 classes as OBCs and their inclusion to be treated as a vote bank.” Addressing an election meeting in Dwarka here, PM Modi said every time he utters the word ‘Muslim’, he is accused of making communal statements and asserted that he is only “exposing” the opposition “by stating facts”.

“Just today, the Calcutta High Court has given a big slap to this INDI alliance. The court has cancelled all OBC certificates issued since 2010. Why? Because the West Bengal government issued unwarranted OBC certificates to Muslims just because of the vote bank.”

“They have crossed every limit in their obsession with appeasement,” he said.

“These people say that Muslims have the first right to the country’s resources. These people are giving government land to the Waqf Board and asking for votes. These people want to reserve 15 per cent budget for minorities. They want to give bank loans, government tenders and even entry into sports on the basis of religion. This is the height of vote bank politics,” he charged.

PM Modi and other BJP leaders have repeatedly alleged during the election campaign that the Congress and its allies want to give the OBC quota to Muslims.

He alleged that the opposition was against the CAA but was supporting infiltrators for its vote bank.

“They shed tears over the Batla House encounter and they oppose the ban on triple talaq. They are masters of appeasement.”

“The Khan market gang has only one way — every time Modi uses the word ‘Muslim’, they accuse him of saying communal things. I am only exposing them with facts. They are doing vote jihad,” he claimed.

He said that “Muslim brothers should also recognise” those who have betrayed the Constitution and are deeply communal.

“The people who have betrayed the Constitution of India, now the time has come for the country to recognise such deeply communal people and my Muslim brothers should also recognise them,” he said.

The high court gave the verdict on Wednesday on petitions challenging the provisions of the West Bengal’s Reservation Act of 2012 and reservations granted in 2010.

The high court clarified that the services of citizens of the struck-down classes, who have availed the benefit of reservation or have succeeded in any selection process of the state, will not be affected by the order.

The number of enlisted persons under OBC in West Bengal after 2010 is likely to be above five lakhs, one of the lawyers representing the petitioners claimed.

In all, the court struck down 77 classes of reservation given between April 2010 and September 2010, and 37 classes created based on the Act of 2012.

The CPI(M)-led Left Front was in power in West Bengal till May 2011 and thereafter the Trinamool Congress government took over.

Chief Minister Mamata Banerjee has asserted that she “will not accept” the Calcutta High Court order and hinted that her government could challenge it in the Supreme Court.

In its order, the HC said that identification of the classes in the Muslim community as OBCs for electoral gains would leave them at the mercy of the political establishment concerned and may defeat and deny other rights.

“Such reservation is therefore also an affront to democracy and the Constitution of India as a whole,” the court observed.

While noting that the Constitution and decisions of the courts do not prohibit an identification process to start with religion, the court said, “What is, however, prohibited is the sole reliance on religion for the purpose of making provisions for reservation.” 

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

Kolkata:

In a blow to the West Bengal government, the Calcutta High Court on Friday ordered the release of a woman BJP leader from Sandeshkhali, Mampi Das who was arrested after a sting operation video went viral in which a BJP leader stated that the women’s protest was plotted and orchestrated by the BJP and Das played a key role in it.

While raising questions on the justification for the arrest, the single-judge Bench of Justice Jay Sengupta also questioned who was behind the police action.

Justice Sengupta ordered that Das be released on a personal bond and put a stay on Section 195A (punishment for threatening to give false evidence) of the Indian Penal Code imposed on her.

The next hearing on the matter will be on June 19.

He also observed how Ms Das was arrested. Stating that there were clear directions of the Supreme Court on the use of Section 195A, a non-bailable offence, he observed that if not the Calcutta High Court, the state government and police should at least go by the directions of the Supreme Court.

He also questioned the order of the Judicial Magistrate who ordered the arrest of Das in the matter. “Who is the Investigating Officer in this case and who is the mastermind?” he questioned.

He also questioned how the lower court ordered police custody for Das without examining the Case Diary.

The BJP’s state spokesman Samik Bhattacharya said, “Since the beginning, we had been saying that Mampi’s arrest was a part of a bigger conspiracy.”

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

Kolkata:

The Calcutta High Court will on Monday pronounce its judgement on petitions and appeals relating to alleged irregularities in the selection of candidates in West Bengal government-sponsored and aided secondary and higher secondary schools through a 2016 recruitment process.

The CBI, which investigated the case on an order of the high court, arrested former state education minister Partha Chatterjee and some functionaries who held positions in the West Bengal School Service Commission (SSC) during the occurrence of the alleged scam.

A division bench comprising justices Debangsu Basak and Md Shabbar Rashidi will on Monday pronounce judgement on a large number of petitions and appeals, which were heard together, in connection with the school jobs recruitment process, an official at the high court said.

The division bench, formed by the Chief Justice of the high court on a direction of the Supreme Court, extensively heard numerous petitions and appeals relating to the selection of candidates for appointment by the SSC in the categories of teachers of classes 9, 10, 11 and 12 and group-C and D staffers through State Level Selection Test-2016 (SLST).

Hearing in the matters was concluded on March 20 and judgement was reserved by the division bench.

On writ petitions by some candidates who appeared in SLST-2016, but did not get jobs, a single bench presided by Justice Abhijit Gangopadhyay had ordered CBI investigation into alleged irregularities in the recruitment process.

The high court had also ordered the termination of a number of jobs of teaching and non-teaching staffers after finding irregularities.

Disposing of petitions before it in connection with the matters, the Supreme Court had on November 9, 2023, requested the Chief Justice of the Calcutta High Court to constitute a division bench to hear all the petitions and appeals pertaining to the recruitment process through SLST-2016 for early adjudication.

The top court had in its order accorded protection to the appointments, which were terminated by the high court, for a period of six months to enable the division bench to adjudicate on the disputes.

The CBI had completed the investigation into the matters and submitted a report before the high court in accordance with the direction of the Supreme Court to do so within two months from the date of its order.
 

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

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Kolkata:

The Calcutta High Court on Friday granted relief to TMC leader Abhishek Banerjee, directing the Enforcement Directorate (ED) not to take coercive steps against him in connection with its probe into the school jobs scam in West Bengal. The court, however, did not quash the Enforcement Case Information Report (ECIR), equivalent to an FIR, filed by the Enforcement Directorate against Mr Banerjee.

The single bench of Justice Tirthankar Ghosh directed the ED that no coercive steps can be taken against the Trinamool Congress MP based on the ECIR.

The court maintained that evidence produced by the ED is not sufficient to warrant Mr Banerjee’s arrest.

It also said that the investigation against Mr Banerjee into the alleged irregularities in recruitment of teachers in government and government-sponsored schools will continue.

Earlier this month, the TMC national general secretary was questioned by the ED for a marathon nine hours in connection with the West Bengal teacher recruitment scam.

The TMC hailed the high court judgement, while opposition Congress and CPI(M) reserved their comments.

TMC spokesperson Kunal Ghosh said: “Though we should not directly comment on the probe and legal matters, but the judgement shows the central agencies have been hounding and harassing Banerjee, as he is a key force behind the battle against BJP’s communal and hatred-filled brand of politics.”

“The court has restrained the ED from harassing him further. Banerjee is helping in the probe and we know he will continue to assist the investigators,” Mr Ghosh added.

Party leader and senior West Bengal minister Sashi Panja said the Diamond Harbour MP has already deposed before the central agencies four-five times, but still “his harassment continues”.

Congress leader Adhir Choudhury told reporters that till Mr Banerjee is acquitted by the court, one should wait.

“The court has made some observations with regard to the probe by the ED. It is not proper to comment more at this juncture,” he said.

Sujan Chakraborty, CPI(M) central committee member, said it baffles him as to why Mr Banerjee would need “so many rakshakabach” (protective shield) from the court if he is not guilty.

Meanwhile, senior BJP leader Rahul Sinha said the court has asked probe agencies to continue their investigation against Mr Banerjee.

“Banerjee has been approaching the supreme court and the high court, seeking shields from probes by central agencies. I will not comment on judicial issues. He is entitled to such provisions,” Mr Sinha said. 

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)