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IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, MD. SHABBAR RASHIDI, JJ.
Basanta Das – Petitioner
Versus
State of West Bengal and Others – Respondents
WPA Nos. 2613, 22522, 22523, 22550, 22773, 22780, 22782, 22785, 22973 of 2018, WPA Nos. 16844, 18355, 19273, 19278, 19749, 20045, 20404, 20776, 20778, 21665, 21923, 22119, 23259, 23454 of 2019, WPA Nos. 8078, 8555, 11455 of 2020, WPA Nos. 7592, 8003, 8264, 10947, 10949, 10960 of 2021, IA No. CAN 1 of 2020
Decided On : 16-01-2024
Affidavit - CBI - The court allowed the filing of affidavits by the Central Bureau of Investigation (CBI) and other respondents, and provided instructions for obtaining and using the affidavits in the case.
Fact of the Case:
The Central Bureau of Investigation (CBI) filed an affidavit, and affidavits filed by some respondents were taken on record. The court heard from advocates representing successful candidates and petitioners in writ petitions related to Classes IX, X, XI, and XII.
Finding of the Court:
The court allowed the filing of affidavits, heard from advocates representing the parties, and scheduled the next hearing for January 17, 2024.
Issues: Filing of affidavits, representation of advocates, and scheduling of the next hearing.
Ratio Decidendi: The court allowed the filing of affidavits and provided instructions for obtaining and using the affidavits in the case. The court also heard from advocates representing the parties and scheduled the next hearing.
Final Decision: The court allowed the filing of affidavits, heard from advocates representing the parties, and scheduled the next hearing for January 17, 2024.
JUDGMENT :
1. The Central Bureau of Investigation (CBI) files an affidavit which be taken on record.
2. Copies of such affidavit are served on the Advocates appearing for the candidates.
3. In the event any party requires a copy of such affidavit, he may obtain the same from the Advocate of CBI.
4. Affidavits filed by some of the respondents be taken on record.
5. Notes on Arguments submitted in Item nos. 151 and 153 of today’s list be taken on record.
6. Parties are at liberty to use any affidavit to the affidavit of CBI within two days from date.
7. We heard Mr. Kalayan Bandopadhyay, learned Senior Advocate appearing for the successful candidates who are in employment.
8. We also heard Mr. Asish Kumar Chowdhury, learned Advocate for the petitioners in respect of writ petitions relating to Classes IX, X, XI and XII.
9. We invited Advocates for the petitioners to address the Court, if they wished, in addition to the submissions advanced by Mr. Bikash Ranjan Bhattacharyya and Asish Kumar Chowdhury.
10. No learned Advocate came forward to represent any other writ petitioners.
11. Mr. Anindya Kumar Mitra, learned Senior Advocate for the successful candidates in respect of Classes IX, X and Group-C matters commenced his submissions and will continue on the next date.
12. List the matter on January 17, 2024.
The court's decision emphasized the importance of filing affidavits, representation of advocates, and scheduling of the next hearing in the case.
The central legal point established is the requirement for certification of electronic evidence under Section 65B of the Indian Evidence Act.
Court proceedings and scheduling of hearings.
The main legal point established is the strict adherence to the rules governing affidavits, the prohibition of advocate's clerks signing affidavits, and the impact of non-compliance on the court's de....
The court has the discretion to allow the addition of parties in writ petitions and to consider the admissibility of supplementary affidavits. The court also has the authority to direct the parties t....
Proper notification and service of legal documents must be ensured for the court proceedings to be valid.
The court emphasizes the importance of proper service of notice to ensure defendants' rights to respond.
The court's ability to manage case proceedings and ensure timely exchanges of affidavits is crucial for justice delivery.
The court has the discretion to allow successful serving candidates to be added as party-respondents in pending writ petitions and may treat their applications as affidavit-in-oppositions to the writ....
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