T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
Court In Its Own Motion – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT :
T.S.SIVAGNANAM, HIRANMAY BHATTACHARYYA, JJ.
1. WPA 4011 of 2024 was taken up as a suo motu writ petition by Hon’ble Single Bench of this court and by order dated 12.02.2024 the court recorded its gross disappointments after going through several newspapers and electronic media wherein it had been reported that number of ladies in Sandeshkhali, North 24 Parganas have been sexually assaulted at gun point. The court also observed that it has been alleged in the newspapers that the tribal lands were taken away forcibly in violation of all legal formalities and laws. The learned Public Prosecutor was present in court and submitted that the learned Advocate General of the State is an appropriate person who will address the court and satisfy the queries that may be raised. With these observations, the court was constrained to take suo motu cognizance over the alleged incidents and also appointed learned amicus curiae to assist the court. The matter was placed before the Chief Justice and by administrative order dated 28.02.2024, the order passed by the learned Single Bench dated 12.02.2024 was treated as a report in terms of the Rule 59 of the Rules Relating to Applications under
Dinganglung Gangmei Versus Mutum Churamani Meetei and Others
The court's decision emphasized the need for an impartial inquiry, victim and witness protection, and infrastructure improvements in response to the reported incidents in Sandeshkhali.
Public interest litigations must be genuine and not motivated by personal agendas; previous judgments on similar issues bind the parties, barring new petitions.
Public interest litigation must serve a genuine public cause; courts should not direct CBI investigations unless grave public interest and no alternative remedies exist.
The court can direct a CBI investigation when local investigations are compromised, ensuring fairness and justice in legal proceedings.
The main legal point established in the judgment is that for similar transactions, a second FIR is unwarranted, and the court has the authority to direct the transfer of cases to the CBI for re-inves....
Court mandated an independent investigation by the CBI into allegations of financial irregularities involving public officials to maintain credibility and protect public interest.
(1) Sectarian violence and strife in Manipur – Clashes between Kuki and Meitei Communities – Victims of violence must receive remedial measures irrespective of their community – There is a pressing n....
Crime investigation – Question of transferring investigation to CBI arises only if overwhelming reasons are made out – It cannot be done by mere asking.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.