Thread by @barandbench

Calcutta High Court to hear pleas alleging displacement on persons in the wake of post-poll violence in West Bengal earlier this year

#CalcuttaHighCourt #WestBengal @India_NHRC @AITCofficial

The High Court had, on June 18, ordered the NHRC to constitute a committee to examine complaints. NHRC had constituted a 7-member committee which had visited various parts of the State before submitting an interim report to the Court.

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On the last date of hearing, the Court had issued a show cause notice for contempt of court against the Deputy Commissioner of Police of South Kolkata for failing to prevent obstruction to the NHRC team that visited Jadavpur.

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Five Judge Bench assembles

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Senior Advocate Kapil Sibal appears on behalf of West Bengal government and police. Mentions application seeking NHRC interim report that was sent to Court in sealed cover.

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Give that report to us so that we can file an affidavit. On the basis of sealed cover report, Court had held that allegations were established. I dont want recall of the order today, but we should be given an opportunity to reply: Sibal

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Advocate Subir Sanyal for NHRC requests leave to file final report of NHRC Committee that undertook visits to areas in the State

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That copy should also be given to us: Sibal

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Petitioner Advocate Priyanka Tibrewal says that Senior Advocate Harish Salve will not be available to argue today.

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Autopsy of Avijit Sarkar body being prepared. Brother of Sarkar said that he cannot recognize body because of mutilation. He has agreed to DNA test of the body.

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Senior Advocate Mahesh Jethmalani for petitioner and brother of Sarkar: He must know whether the body is of his brother or not. He wants a DNA test on the body.

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Advocate General Kishore Datta: The brother and complainant are not cooperating. They are not giving statements despite being asked 8 times. Section 91 and 161 CrPC notices have also been sent. Section 164 statements have not been taken

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Mother is scared of going to police because her signature was earlier taken and used for some other purpose: Counsel for petitioner

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DNA sample has been taken from body. Please direct that report be given to Court within a week: Counsel for petitioner

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Court dictating order.

On July 2, Court had directed second autopsy of Avijit Sarkar. Today ASG Dastur says that autopsy has been conducted and report will be submitted to Court in sealed cover.

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In case DNA sample of body matches with that of brother of Sarkar, the matter will be resolved: Court

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Let samples for DNA analysis of Biswajit Sarkar be taken. List on July 15 at 11 AM: Court

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Biswajit Sarkar may carry his Aadhaar card at the time of taking his sample. Samples will be sent to CFSL, Kolkata. The Director of CFSL is directed to conduct DNA analysis at the earliest and submit a report to Court in one week: Court

#CalcuttaHighCourt #WestBengal

AG Datta: At the time of taking sample of Biswajit Sarkar, investigating agency may also be present.

Jethamalani takes strong objection. It will be against SC orders. Sarkar has asked for CBI probe, SC has issued notice in that case.

#CalcuttaHighCourt #WestBengal

Jethmalani: Only after SC took notice, State and police are acting with urgency.

AG Datta: SC has not stayed investigation. There have been 11 attempts to take statements from Sarkar and family. There has been no reply yet.

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AG Datta: SC may or may not transfer the investigation. As of now, State Police is probing the matter. Let someone from police be present while samples are taken.

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Sample to be taken at Command Hospital, after which it will be sent to CFSL for analysis.

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We request NHRC to supply soft copy of final report to State and petitioners: Court

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Supply copy of affidavit filed by Deputy Commissioner of Police of South Kolkata, against whom show cause notice for contempt of court proceedings was issued, to be sent to petitioners: Court

#CalcuttaHighCourt #WestBengal

Senior Advocate Abhishek Manu Singhvi for State: Findings of July 2 order is based on interim report, so we need copy of that.

Sibal, appearing for the DCP, also asks for the same.

#CalcuttaHighCourt #WestBengal

Victims are being charged Rs 600 for recording their Section 164 statements: Advocate Priyanka Tibrewal

Court: Who is being paid? Is there any receipt?

Name of person has been mentioned in affidavit: Tibrewal

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Let us keep it on July 22: Court. Hearing adjourned.

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