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Why Calcutta High Court Junked PIL Against BJP's 'Bangla Bandh' Call

The Calcutta High Court dismissed a PIL against a 12-hour 'Bangla Bandh' called by the BJP, over police action against protestors who were protesting against the brutal murder and rape at RG Kar Hospital

The Calcutta High Court on Wednesday dismissed a petition seeking a restrain order on the 12-hour 'Bangla Bandh' called by the BJP, over police action against protestors who were marching towards the state secretariat in Nabanna to seek justice for the doctor who was murdered in the RG Kar Medical College and Hospital in Kolkata. 

The Calcutta High Court has dismissed a PIL as "non-maintainable" noting that it was filed by one Sanjoy Das, who was earlier barred by the high court for filing PIL in another matter, where he had challenged the roster allotted prepared by the Chief Justice of Calcutta High Court.

Earlier, Das had filed a PIL seeking to restrain a particular judge of the Calcutta High Court from hearing cases pertaining to police action or inaction over "conflict of interest." He alleged bias stating that judge's husband had tried to influence investigation into a criminal case. Interestingly, the PIL against the 'Bangla Bandh' was listed after this PIL, where the court not only barred the lawyer but also imposed a cost of Rs 50,000 on him. Taking note of the previous order, the high court then junked the second PIL as well.

The Calcutta High Court while barring Das had made several critical observations and had taken a strong exception of his "attempt to intimidate the court."

"It has been conclusively held that the right of the Chief Justice in finalising the determination cannot be tinkered by a petitioner, and more particularly by an advocate practising before this court. The advice to look at the legal provisions fell on deaf ears. Therefore this writ petition is a clear abuse of process, and probably an attempt to intimidate the court, and to directly interfere with the jurisdiction of the Chief Justice," high court said.

The court junked the PIL filed by Sanjoy Das challenging a 12-hour strike, observing that he has been barred by the court from filing any PILs.

Das had challenged the 'Bangla Bandh' called in by BJP citing the Bombay High Court order which prohibited the MVA from calling a "Maharashtra Bandh" over the Badlapur school sexual assault case.

 

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