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ASHIM KUMAR BANERJEE, MRINAL KANTI CHAUDHURI
Basabi Rai Chowdhury – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellant :Mr. Subrata Mukhopadhyay, Mr. Shamit Sanyal, Mr. Tapas Maity, Mr. Sabyasachi Chatterjee, Mr. Sudipta Dasgupta, Mr. Bikram Banerjee, Advocates.
For the C.B.I :Mr. Himangshu De, Mr. Mrityunjoy Chatterjee, Advocates.
For the S.E.B.I :Mr. Prasanta Kumar Dutt, Mr. Susanta Kumar Dutt, Advocates.
For the U.O.I. :Mr. Bhaskar Prasad Vaishya, Mr. Bhaskar Prasad Banerjee, Advocates.
For the Ministry of Com. Affairs :Mr. Dipanjan Datta, Ms. Gargi Mukherjee, Advocates.
For the R.B.I. :Mr. Ashoke Kumar Banerjee, ld. G.P., Mr. Sakya Sen, Mr. Abhratosh Mazumder, Mr. Suman Sengupta for the State, Smt. Suchismita Chatterjee Ghosh, Mr. M.K. Seal, Advocates.

JUDGMENT :

Ashim Kumar Banerjee, J.

1. Whoever comes in contact with the present case and the facts involved, would definitely agree, the situation is disastrous. The magnitude of the problem is huge, unless steps taken, it would be an economic disaster. It has social impact too, hence the disaster may extend to the society as well, particularly in Eastern India where the problem has an impeccable effect. Ordinarily, the Court of Law, particularly in civil litigations that would have a dominating effect in the writ jurisdiction as well, would always consider the pleadings and the pleadings only and seldom step out. In public interest litigation, the Court of Law made a departure in the past. The Apex Court did so being empowered by Article 142. We the High Court, are aware of our plenary power under Article 226, even then we ordinarily restrain ourselves in encroaching upon the arena of legislature or the executive as it would create immense difficulty for smooth running of the democracy where all three wings being the legislature, executive and judiciary have different arena of travel. We are perplexed in the present situation as the averments do not fully impress us. At the same ti



































































































































































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