The Calcutta High Court today directed West Bengal government to file an affidavit stating its position on why Madan Mitra would remain a minister despite being in remand following his arrest in connection with the Saradha chit fund scam.
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.
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Stating that West Bengal Chief Minister Mamata Banerjee has not yet removed Mitra from her cabinet, the petitioner prayed for the court's intervention to direct the state government to remove Mitra.
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.
