A division bench, comprising Chief Justice Manjula Chellur and Justice Joymalyo Bagchi, admitted a PIL seeking removal of Mitra as West Bengal Transport Minister due to his being behind the bars since December 12.
Petitioner Subhrojit Bhaduri claimed that it was not possible for Mitra to discharge his duties from jail and that it was also unconstitutional to remain in the cabinet by being in judicial remand.
The court directed the state government to file an affidavit within four weeks explaining Mitra's continuance in the West Bengal Cabinet.
The matter would come up for hearing after six weeks.
The minister was arrested on December 12 by CBI and is under judicial custody.
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