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2023 Supreme(Cal) 104

SABYASACHI BHATTACHARYYA
R. P. Infosystems Limited – Appellant
Versus
Adjudicating Authority – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Ratnanko Banerji, Mr. Sakya Sen, Mr. Subhankar Nag, Mr. Rajdeep Mantha, Mr. J. Biswas, Mr. M. Bhattacharya, Mr. B. Kumar, Mr. D. Sen, Mr. R. Ganguly
For the Enforcement Directorate : Mr. Arijit Chakrabarti, Mr. Deepak Sharma

JUDGMENT :

Sabyasachi Bhattacharyya, J.

1. At the outset, learned counsel appearing for the respondent no.2, the Enforcement Directorate (ED), raises an objection regarding determination of this Court to take up the matter. In the list of determinations, out of the matters assigned by the Chief Justice to be heard by this Court, “matters relating to police” have been excluded. Learned counsel for the ED cites a Notification of this Court dated September 30, 2022, issued by order of the then Chief Justice, which clarifies that matters relating to CBI and Central Agencies in writ petitions under Article 226 of the Constitution are already included within the comprehensive reading of the special category ‘Police’ in the Appellate Side Rules, therefore, there is no need to mention “CBI and Central Agencies” separately. Accordingly the same stood deleted.

2. It is contended that since the ED is a Central Agency, the said exclusion applies to the present case.

3. Learned senior counsel appearing for the petitioners submits that the present writ petition has not been filed against any inaction or action of the Police or any Central Agency, including the ED. The challenge has been preferred wi

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