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2022 Supreme(Cal) 707
IN THE HIGH COURT OF CALCUTTA
Prakash Shrivastava, Rajarshi Bharadwaj, JJ.
Susmita Saha Dutta And Others - Appellant
Versus
The Union Of India And Others - Respondent
WPA(P) 142 of 2021, CAN 1 of 2021, CAN 3 of 2021 and CAN 5 of 2022
Decided On : 19-05-2022
Ms. Priyanka Tibrewal, for the Appellant; Mr. S.N. Mookherjee, AG, Mr. Anirban Ray, GP, Mr. Raja Saha, Mr. Debashish Ghosh, Mr. Nilotpal Chatterjee, for the Respondent.
The Committee constituted by the court can take assistance for ministerial work but cannot delegate the essential inquiry work to others.
Headnote:
NHRC - Displacement and Rehabilitation - WPA(P) 144 of 2021 - [WPA(P) 144 of 2021] - The court discussed the constitution of a three-member Committee to inquire into the right of displaced persons for rehabilitation and the involvement of NHRC members in supporting the Committee. The court clarified that the Committee could take assistance for ministerial work but not delegate the essential inquiry work to others.
Fact of the Case:
The court discussed the involvement of NHRC members in supporting a Committee constituted to inquire into the right of displaced persons for rehabilitation.
Finding of the Court:
The court found that the Committee could take assistance for ministerial work but not delegate the essential inquiry work to others.
Issues: Involvement of NHRC members in supporting the Committee and the extent of their role in the inquiry process.
Ratio Decidendi: The court clarified that the Committee could take assistance for ministerial work but not delegate the essential inquiry work to others.
Final Decision: CAN 5 of 2022 in WPA(P) 144 of 2021 is accordingly disposed of. Re. CPAN 667 of 2021 is listed on 21st of June, 2022.
ORDER
1. Affidavit of service filed by the CBI is taken on record.
2. Learned Additional Solicitor General referring to the order dated 20.04.2022 in WPA(P) 142 of 2021 has submitted that in respect of the murder case of Mathabhanga P.S. FIR 180 of 2021 dated 10th April, 2021 and Mathabhanga P.S. FIR 181 of 2021 dated 12th April, 2021 the request was made to hand over the cases to the CBI and in pursuance to the direction of this Court dated 20th April, 2022 the copy of the report along with the concerned letter and reminder were also supplied to the learned Advocate General but till now these two cases have not been handed over to the CBI.
3. Learned counsel for the State has submitted that there was some delay in receiving the papers by the learned Advocate General, therefore he is in the process of examining the same and needful will be done before the next date of hearing.
4. Learned counsel for the CBI has also submitted that there was no delay on the part of the CBI to furnish the requisite documents in terms of the order dated 20th April, 2022 as the same were furnished within two days, i.e., on 22nd April, 2022.
5. The Sixth status report at the instance of the CBI has been filed today.
6. Learned Counsel for the CBI submits that at the time of filing of CAN 5 of 2022 only 9 cases were registered on the basis of individual complaints but at the time of filing Sixth status report showing the position of 13th May, 2022, 11 such cases were registered.
7. Learned Additional Solicitor General referring to the paragraph 18 on page 29 of the report relating to the murder of Rabindranath Manna concerning the case registered in P.S. Nandigram, District-Purba Medinipur has submitted that concerned ACJM, Haldia has rejected the prayer of the CBI on 10.05.2022 for permission to allow further investigation. His submission is that such an order of the ACJM, Haldia runs counter to the paragraph 82 (one of the order of the Full Bench of this Court dated 19th August, 2021 in WPA (P) 142 of 2021). He seeks time to produce a copy of the order dated 10th May, 2022 passed by the ACJM, Haldia and other relevant papers in this regard.
8. Learned Counsel for the SIT has also produced the status report in continuation with the report submitted on 25th January, 2022.
9. Annexure-A to the report is in respect of the cases being investigated by the SIT. It is disclosed that in all 689 cases were registered in the State of West Bengal. 40 cases were handed over to the CBI. After due investigation out of 689 cases, charge sheets have been filed in 585 cases and closure reports (FRT/FRMF) have been filed in 64 cases and as on today no case is under investigation before the SIT relating to the cases directly investigated by the SIT.
10. Annexure-B to the report contains the details of 44 complaints returned from the CBI. It is pointed out that out of these 44 complaints, charge sheets have been filed in 35, FRMF - 01, NCR- 01, UD-01 and one is under investigation and report is yet to be received in respect of remaining 05.
11. The status reports filed by the CBI and SIT are taken on record.
12. CAN 5 of 2022 in WPA(P) 144 of 2021 has been filed by the State of West Bengal with a plea to restrain the NHRC from involving the 11 members of NHRC with the enquiry as directed by the order dated 20th of April, 2022 by this Court in WPA(P) No. 144 of 2021.
13. Submission of learned Advocate General is that this Court has constituted a three member Committee to consider the cases of the persons allegedly displaced during the elections and post poll violence but NHRC had sent the communication dated 10th of May, 2022 to the Chief Secretary of the State in respect of visit of 11 members team which is contrary to the order of this Court and if the Committee constituted by this Court wanted to have any supporting team, then they should have approached this Court for appropriate order and that the team is comprising of the officers, therefore, it cannot be said to be a team fo
