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This is an archive article published on June 6, 2024

PIL in Calcutta High Court seeks to modify Justice Amrita Sinha’s determination in cases related to police action

The PIL argued that the West Bengal CID is investigating Justice Amrita Sinha's husband for allegedly using his spouse's high office to influence a police investigation.

Amrita Sinha, Calcutta High Court, Public Interest LitigationAfter hearing the PIL, A division bench of Justice Kaushik Chanda and Justice Apurba Sinha Ray placed it before Chief Justice T S Sivagnanam for proper adjudication. ((Photo credit: calcuttahighcourt.gov.in))

A public interest litigation (PIL) was filed in Calcutta High Court on Thursday praying for modification of the determination of Justice Amrita Sinha in cases related to police action/excesses. According to a section of advocates, filing a PIL against any judge is unprecedented in Calcutta High Court history.

After hearing the PIL, A division bench of Justice Kaushik Chanda and Justice Apurba Sinha Ray placed it before Chief Justice T S Sivagnanam for proper adjudication. Justice Sinha is hearing cases related to police inaction or excesses which have embarrassed the Trinamool Congress (TMC) government. She had previously issued an order in the West Bengal School Service Commission (SSC) recruitment scam cases that was criticised by the TMC.

The main argument in the PIL, filed by advocate Sanjay Das, was that since the West Bengal CID is investigating Justice Sinha’s husband for allegedly using his spouse’s high office to influence a police investigation, her determination of police inaction/overaction matters would not inspire public confidence in the justice delivery system.

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The division bench said, “After hearing arguments on behalf of the petitioner, Ld. Registrar General and the Ld. AG Mr Kishore Dutta, the Hon’ble Court was pleased to observe that the PIL contained and raised a valid question of law but the issue pertains to administrative powers of the Hon’ble Chief Justice and hence needs to be placed before the Hon’ble Chief Justice for proper adjudication. Hence, the Learned Bench placed the PIL before the Hon’ble Chief Justice for further hearing on the reopening day, i.e. 10/06/2024.”

The court will reopen on June 10 after the summer vacation, and the roster of justices will also be changed at that time. It is to be seen whether Justice Sinha will continue to handle these matters after the vacation or if they will be reassigned.

In April 2023, the Supreme Court directed the transfer of the SSC recruitment scam case hearings from Justice Abhijit Gangopadhyay’s bench to that of Justice Sinha after the former discussed the case in an interview he gave to a Bengali news channel.

The SSC recruitment scam involved alleged illegal recruitments in primary and secondary schools across West Bengal during the 2016 hiring process. Allegations surfaced that many candidates were hired based on incorrect evaluations of their answer sheets.

Atri Mitra is a Special Correspondent of The Indian Express with more than 20 years of experience in reporting from West Bengal, Bihar and the North-East. He has been covering administration and political news for more than ten years and has a keen interest in political development in West Bengal. Atri holds a Master degree in Economics from Rabindrabharati University and Bachelor's degree from Calcutta University. He is also an alumnus of St. Xavier's, Kolkata and Ramakrishna Mission Asrama, Narendrapur. He started his career with leading vernacular daily the Anandabazar Patrika, and worked there for more than fifteen years. He worked as Bihar correspondent for more than three years for Anandabazar Patrika. He covered the 2009 Lok Sabha election and 2010 assembly elections. He also worked with News18-Bangla and covered the Bihar Lok Sabha election in 2019. ... Read More

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