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2025 Supreme(Cal) 207

IN THE HIGH COURT AT CALCUTTA
SUJOY PAUL, ACJ, PARTHA SARATHI SEN, J.
Suvendu Adhikari and Another – Appellants
Versus
The State of West Bengal and Others – Respondents
WPA (P) Nos. 555, 556, 557 of 2025
Decided On : 22-12-2025

Advocates Appeared:
For the Appellants : Billwadal Bhattacharyya, Suryaneel Das, Megha Datta, Tamoghna Pramanick
For the Respondents: Kalyan Kr. Bandopadhyay, Sirsanya Bandopadhyay, Akash Dutta, Arka Kumar Nag, Tirthankar Dey, Rajdeep Mazumder, Indranil Roy, Biswajit Manna

State-sponsored events necessitate lawful proceedings and appropriate oversight in inquiry to preserve public confidence and accountability.

Headnote:(A) Commissions of Enquiry Act, 1952 - Section 3 - The court examined the legality of an enquiry committee constituted concerning a public event where tickets were sold at exorbitant rates, resulting in public dissatisfaction and damage. The contention is that the committee lacks statutory validity as it was not appointed through proper procedural channels. (Paras 7, 28)

(B) Public Interest Litigation - The court acknowledged that inquiries involving high-ranking officials require independent oversight, arguing for a judicial inquiry given the potential implications on public trust and governance. (Paras 9, 10)

(C) Financial Accountability - The petitioners alleged mismanagement and financial misconduct associated with ticket sales for a state-sponsored event, contending that the inquiry must address the substantial financial flows involved. (Paras 10, 20)

(D) Ruling on Interim Relief - The court concluded that the current investigation's integrity was not sufficiently challenged to warrant intervention at this juncture, allowing the ongoing inquiry to proceed. (Paras 29, 30)

Findings of Court:
The State's decision to establish an enquiry committee was found to be legally valid based on existing statutes and prior case law.

Result: All prayers for interim relief are rejected.

Table of Content
1. high-profile event caused public discontent. (Para 2 , 3 , 4)
2. need for independent inquiry into event management. (Para 6 , 10 , 11)
3. validity of the state inquiry contested. (Para 12 , 18 , 21 , 24)
4. interim relief not warranted in current investigation. (Para 28 , 29)

JUDGMENT :

SUJOY PAUL, ACJ.

1. Regard being had to the similitude of the questions involved and prayer made, with the consent of parties, these matters were analogously heard on admission/IR.

WPA (P) 555 of 2025:

2. Mr. Billwadal Bhattacharyya, learned senior counsel for the petitioner urged that a high-profile event under the name and style of “G.O.A.T. India Tour 2025 was organised in Calcutta on 13th December, 2025 at Vivekananda Yuva Bharati Krirangan (Salt Lake Stadium). The private respondent/organiser sold sizable number of tickets by taking huge amount. The central attraction of the programme was famous football player Mr. Lionel Messi. The advertisement/publication issued in August, 2025. It is learnt that father of said football player desired that his son’s statue be erected in Kolkata. Thus, Minister of Fire and Emergency Services ensured that his 70 feet statue is erected on a public road.

3. The ticket of the event contains the seal of State Government. Thus, it appears to be a State sponsored event. The tickets were sold on high rates and even upto Rs. 10 lakhs. The water bottles and pouches are not permitted inside the Stadium but in the said event water bottles at the rate of 200 per bottle were permitted to be sold inside the stadium. The Sports Minister even hugged the football player in the Stadium. The sizable number of common people who bought tickets and entered the stadium could not even get a proper glimpse of the international football player Mr. Messi. Because of that dissatisfaction, they became furious and thrown chairs and bottles etc. in the Stadium. The said dissatisfaction resulted into destruction of certain portion of stadium including the Astroturf.

4. FIR was suo moto registered in Bidhannagar Police Station at 6:30 pm on the same date and organiser/private respondent was made as main accused. In addition, the Hon’ble Chief Minister has posted a message on social-media/X-handle wherein she apologised for the said mess which took place in the programme of Mr. Messi. In addition, she constituted an enquiry committee in the Chairmanship of a former judge of this Court and consisting of Chief Secretary and Additional Chief Secretary.

5. Learned counsel for the petitioner also placed reliance on the press release dated 16.12.2025 which refers about the preliminary report of the said enquiry committee dated 15.12.2025 and in furtherance thereof shows that the action has been taken against concerned DGP, Commissioner of Police, Bidhannagar, DCP, Bidhannagar, Principal Secretary, Youth Affairs and Sports Departments and CEO of the Stadium. A special investigation team consisting of 4 IPS officers is also consituted to conduct thorough investigation.

6. It is common ground taken by the learned counsel for the petitioners is that the said incident and mess which took place on 13th December, 2025 in the Stadium has resulted into international embarrassment for the city of Kolkata. The action is proposed against high ranking officers of the State including DGP, CP, DCP, Principal Secretary, CEO etc. The SIT consisting of junior officers cannot conduct a fair and impartial enquiry in a case of this nature against higher officials.

7. Furthermore, by referring to Section 3 of the Commissions of Enquiry Act, 1952 (Act of 1952) it is urged that for twin reasons the appointment of enquiry committee is bad-in-law (i) as per Section 3 of the Act of 1952, the committee can be appointed if a resolution in this regard is passed by the legislature of the State; (ii) By notification in the Official Gazette. But in the instant case, the House is not in session and no notification has been issued.

8. There appears to be huge flow of money

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