Page 3 - Calcutta High Court

Calcutta HC Justice Joymalya Bagchi to be sworn in as SC judge on March 17

Justice Joymalya Bagchi, a judge of the Calcutta High Court, will on Monday be sworn in as a Supreme Court judge. Chief Justice of India (CJI) Sanjiv Khanna will administer the oath of office to Justice Bagchi in the presence of other Supreme Court judges at a ceremony on the apex court premises. Once Justice Bagchi takes oath, the Supreme Court will have 33 judges against its sanctioned strength of 34. Justice Bagchi will have a tenure of more than six years in the top court, during which he will also serve as the CJI. Born on October 3, 1966, Justice Bagchi will assume the office of CJI upon the retirement of Justice KV Viswanathan on May 25, 2031. His tenure will last till his his retirement on October 2, 2031. Justice Bagchi's name was cleared by the central government on March 10 for appointment as a Supreme Court judge. On March 6, a five-member collegium headed by CJI Khanna recommended his name for Supreme Court judgeship. The collegium -- also comprising Justice BR Gava

SC Collegium recommends Calcutta HC judge Joymalya Bagchi for top court

The Supreme Court on Thursday recommended the appointment of Calcutta High Court judge Justice Joymalya Bagchi as a judge of the Supreme Court. The five-member Collegium, headed by Chief Justice Sanjiv Khanna, noted that no Calcutta High Court judge rose to become the Chief Justice of India since the retirement of Justice Altamas Kabir on July 18, 2013. The Collegium also took into consideration the fact that the Calcutta High Court has only one representation in the Supreme Court bench at present. If the Collegium's recommendation is cleared by the Centre, Justice Bagchi would have a tenure of more than six years in the top court, during which he will also serve as the Chief Justice of India. The Collegium, also comprising justices B R Gavai, Surya Kant, Abhay S Oka and Vikram Nath, noted that Justice Bagchi stands at serial number 11 in the combined all-India seniority of high court judges, including chief justices. "The Collegium has, therefore, unanimously resolved to recommen

'Only worried about votes': HC slams Bengal govt over hospital neglect

The Calcutta High Court criticised the state government for failing to upgrade rural hospitals, questioning why a 10-bed facility from 1976 remains unchanged despite growing healthcare needs

RG Kar case: HC says corruption has serious impact on public confidence

Hearing an appeal by R G Kar Medical College's former principal Sandip Ghosh seeking postponement of framing of charges in a financial irregularities case, the Calcutta High Court on Tuesday observed that corruption in high places has serious impact on public confidence in the affairs of the state. The division bench presided by Justice Joymalya Bagchi said that the special court, before which the trial in the case is to be heard, may fix a date prior to the next hearing of the matter at the high court. Ghosh and four others were arrested by the Central Bureau of Investigation (CBI) in a case of alleged financial irregularities at the medical establishment during his tenure as the principal of R G Kar Medical College and Hospital. Holding that the allegations are very serious, the division bench, also comprising Justice Gaurang Kanth, said that it was informed that the respondent accused persons are in judicial remand at present. "Corruption in high places has serious impact on pub

RG Kar rape-murder case: HC accepts CBI appeal against life sentence to Roy

Kolkata case: The Supreme Court has turned down a request for an urgent hearing regarding a new petition by the victim's parents, who are calling for a re-investigation of the case

WB govt sanction to prosecute RG Kar's ex-principal received: CBI tells HC

The CBI on Tuesday informed the Calcutta High Court that it has received sanction from the West Bengal government to prosecute RG Kar Medical College and Hospital's former principal Sandip Ghosh in an alleged financial irregularities case. The single bench of Justice Tirthankar Ghosh directed the special court before which the matter is being heard to make all endeavour for framing of charges within one week from the next date of hearing before it. He directed the special court to take into account the list of the witnesses and accordingly fix the schedule, so that the trial of the case can be expedited and taken to its logical conclusion at the earliest. During the hearing, the CBI's counsel informed Justice Ghosh that the central agency, probing the alleged financial irregularities at the state-run hospital in Kolkata during the tenure of Sandip Ghosh, has received sanction from the state government for prosecution of him and another former official. A report was submitted before

RG Kar case: HC reserves judgement on admission of appeals by WB govt, CBI

The Calcutta High Court on Monday reserved its judgement on the admission of two separate appeals, one by the West Bengal government and the other by the CBI, challenging a trial court order which sentenced RG Kar hospital rape-murder convict Sanjay Roy to life imprisonment till death. The court's division bench, presided by Justice Debangsu Basak, heard both the state government and the CBI, who argued that the January 20 order of the Sealdah sessions court sentencing Roy, the sole convict in the crime, to life imprisonment till death was inadequate. Both the CBI and the state government separately prayed for capital punishment for the convict. The CBI claimed before the bench that only it has the right to move an appeal before the high court on grounds of inadequacy of sentence since it was the investigation and prosecution agency of the case. The state government argued that apart from the central agency, it too can move an appeal claiming inadequacy of sentence given by the tri

CBI moves Calcutta HC seeking death penalty for RG Kar case convict

The CBI on Friday filed an appeal before the Calcutta High Court, seeking death penalty for RG Kar hospital rape-murder case convict Sanjay Roy. A division bench, presided by Justice Debangsu Basak, said it will hear the CBI's appeal on January 27, along with a prayer by the West Bengal government seeking admission of its appeal with a similar plea. The Central Bureau of Investigation (CBI) moved the bench, also comprising Justice Md Shabbar Rashidi, praying for hearing of its appeal on the claim of inadequacy of sentence given by a trial court to Roy. Representing the CBI, Deputy Solicitor General Rajdeep Majumdar said the central agency, which investigated the case, has the right to challenge the lower court order before the high court on the ground of inadequacy of sentence. The Sealdah court on January 20 had sentenced Roy to life imprisonment till the end of his natural life for the rape and murder of an on-duty doctor at the RG Kar Medical College and Hospital on August 9, ..

RG Kar case: HC to hear medic's family, CBI before admission of WB's appeal

The Calcutta High Court on Wednesday said it would hear the CBI, the victim's family and the convict before deciding on the admission of an appeal filed by the West Bengal government claiming inadequacy of sentence given by a trial court in the RG Kar hospital rape-murder case. The high court said it will hear the matter on Monday. The CBI opposed the state's right to file an appeal in the case, claiming that it was the prosecuting agency and had the right to prefer the appeal on the grounds of inadequacy of the sentence. The Sealdah court on Monday sentenced Roy to life imprisonment till death for the rape and murder of an on-duty doctor at the RG Kar Medical College and Hospital on August 9. A division bench, presided by Justice Debangshu Basak, said that it would hear the CBI, the family of the victim and the convict through their lawyers before deciding on the admission of the state government's appeal.

West Bengal govt approaches HC for death sentence to RG Kar rape accused

The victim's father accused the Chief Minister and others of tampering with the investigation and said there is no need for the Chief Minister to act in haste

RG Kar case: HC allows govt to file appeal against 'life term' order

The Calcutta High Court on Tuesday granted permission to the West Bengal government to file an appeal against the Sealdah court order that sentenced Sanjay Roy to life imprisonment until death in the RG Kar hospital doctor's rape and murder case. Advocate General Kishor Datta moved a division bench presided by Justice Debangsu Basak to file the appeal to seek death penalty of Roy, the sole convict in the case. The state government sought the high court's permission to file the appeal challenging the order passed by Additional District and Sessions Judge in Sealdah, Anirban Das, on Monday. The Sealdah court sentenced Roy to life imprisonment until death after he was convicted of raping and murdering the on-duty doctor at the state-run RG Kar Medical College and Hospital, rejecting demands for the death penalty saying it was not a "rarest of the rare" crime. The court also ordered Roy to pay a Rs 50,000 fine and directed the state government to pay compensation of Rs 17 lakh to the

Petitioners approach SC after Calcutta HC cancels over 25k WB school jobs

Saying it adversely impacted the lives and livelihoods of untainted candidates, several petitioners moved the Supreme Court on Wednesday against a verdict nullifying the appointment of 25,753 teachers and non-teaching staff in government and aided schools in West Bengal. A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar heard about 124 petitions challenging the verdict of the Calcutta High Court. The CJI acknowledged the arguments and reiterated the need for a balance between addressing illegalities and protecting untainted appointees and said the segregation of cases, wherever possible, may be prioritised to protect innocent candidates. Referring to the high court's verdict, the bench said, "It only said that when there were so many irregularities, it became impossible to know who were genuinely appointed and who were the ones who manipulated the process." One common point argued was that the majority of untainted selected candidates, who were adversely impac

SC to hear pleas against invalidation of Bengal teacher positions on Jan 15

The Supreme Court will hear pleas challenging a Calcutta High Court order invalidating the appointment of 25,753 teachers and non-teaching staff in government and aided schools in West Bengal on January 15. A bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan said at the outset on Tuesday that there are two options before it -- either a three-judge bench re-hears the case all over again or it be listed it before a two-judge bench that began hearing final arguments on December 19, the last date of hearing. Taking note of the submissions of lawyers, the CJI said the matter will be heard by a two-judge bench comprising him and Justice Kumar at 2 pm on January 15. There are 124 petitions, including the one filed by the state government, pending in the top court. The bench had earlier issued a slew of procedural directions and appointed four lawyers as nodal counsel while asking them to file a common compilation in electronic form after getting ..

Parents of RG Kar hospital doctor move Calcutta HC seeking fresh probe

The parents of the doctor who was raped and murdered at the RG Kar hospital moved the Calcutta High Court on Thursday, seeking a fresh investigation into the crime. Expressing a lack of confidence in the ongoing probe into the incident that led to huge protests, they prayed for a direction for a fresh investigation into the rape and murder of their daughter. Justice Tirthankar Ghosh asked their lawyer to add the CBI, which is probing the case, as a party in the petition and mention the matter again before the court on Monday. The on-duty postgraduate trainee doctor's body was found in the seminar room of the RG Kar Medical College and Hospital on August 9. The Sealdah court on December 13 granted bail to RG Kar Medical College and Hospital ex-principal Sandip Ghosh and Tala police station's officer-in-charge Abhijit Mondal in the case. They were granted bail as the CBI failed to file charge sheets against them within the 90-day statutory period, according to their lawyers. While

SC adjourns hearing on Partha Chatterjee's plea in cash-for-jobs scam

A bench of justices Surya Kant and Ujjal Bhuyan adjourned the hearing observing that it has to go through the files relating to custody being served by Chatterjee

Promotion effective only after assuming duty, not from date of vacancy: SC

The Supreme Court on Wednesday underlined that promotion only becomes effective upon assumption of duties and not from the date of the vacancy or recommendation. A bench of Justices P S Narasimha and Sandeep Mehta said it was a well-settled principle that promotion became effective from the date it was granted and not the date of the vacancy or creation of the post. "While the courts have recognised the right to be considered for promotion as not only a statutory right but also a fundamental right, there is no fundamental right to promotion itself," the bench said. The apex court delivered its verdict on an appeal filed by the West Bengal government and others challenging a February 2023 judgement of the Calcutta High Court. The high court upheld an order of the West Bengal Administrative Tribunal which directed that a man, though not entitled to retrospective promotion after his superannuation, should be awarded notional financial benefits for the promotional post of chief scienti

RG Kar case protests: SC orders SIT probe into custodial torture case

The Supreme Court on Monday ordered an SIT investigation into the alleged torture of a woman in police custody following her arrest over protests against the rape and murder of a doctor at R G Kar Medical College and Hospital in Kolkata. Observing not everything could be transferred to the CBI, a bench of Justices Surya Kant and Ujjal Bhuyan modified the Calcutta High Court order ordering a CBI probe and said senior IPS officers of the state need to be entrusted with the investigation. The top court said the SIT, which will comprise officers, whose names were submitted by the state, shall submit its report on the progress of the investigation on weekly basis to the high court. The Calcutta High Court chief justice was directed to constitute a special bench before which the SIT would submit its report besides seeking further investigation. On November 11, the top court stayed the October 8 order of the high court directing a CBI probe while asking the state government to submit a li

Cal HC delivers split verdict on bail plea to Partha Chatterjee, 4 others

A two-judge division bench of the Calcutta High Court on Wednesday delivered a split verdict on a bail petition moved by former West Bengal education minister Partha Chatterjee and four other high-profile accused, indicted by the CBI in the School Service Commission (SSC) recruitment scam. While Justice Arijit Banerjee approved the bail of all the 10 accused who appealed before the bench, Justice Apurba Sinha Roy decided against granting bail to Chatterjee and four other former education department officials Subiresh Bhattacharya, Ashok Saha, Kalyanmoy Gangopadhyay and Shanti Prasad Sinha. Bhattacharya served as the erstwhile state SSC chairman and, subsequently, as vice-chancellor of North Bengal University, while Saha acted as the former assistant secretary to the commission during the time period of the scam. Gangopadhyay was president of the state secondary education board during the period, and Sinha is the former advisor to the state SSC. The corruption, which has run into .

Separate yardsticks can't be applied to different accused, says SC

The state government cannot be permitted to apply different yardsticks for different accused, the Supreme Court said on Wednesday while granting bail to a man in a criminal case lodged in West Bengal. The apex court noted the state does not propose to challenge the order granting anticipatory bail to four other co-accused in the case, though the court had given suggestions in that regard. "On the other hand, the state government is opposing the application for grant of bail of an accused, who has been incarcerated in jail for a period of about one year and two months," a bench of Justices B R Gavai and K V Viswanathan said. "The state government cannot be permitted to apply different yardsticks for different accused," it said. The top court was dealing with a plea filed by a man, who had challenged the Calcutta High Court's July this year order dismissing his application seeking regular bail in the case lodged in October 2023. The bench noted that in its September 19 order passed

HC upholds arbitral award in favour of R-Infra in judgement on DVC petition

The arbitration award is worth approximately Rs 780 crore, including accrued interest, and bank guarantees of Rs 600 crore will also be released