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Sandeshkhali case: SC adjourns Bengal Plea

Judicial Vacations: Misconceptions Addressed

The Supreme Court today adjourned the hearing where the West Bengal Government was challenging the Calcutta High Court’s order wherein the CBI was probing allegations and sexual assault, which took place in Sandeshkhali.

SUPREME COURT’S REMARKS

The Supreme Court further reprimanded and questioned how a state government can come before the apex court of India to seek protection of the interests of an individual.

The Supreme Court went on to say that the High Court’s judgment directing a CBI investigation was not to be stayed, and the bench of Justices BR Gavai and Sandeep Mehta questioned how the state government could move to the Supreme Court to defend an individual’s rights.

PETITIONER’S PLEA

The counsel representing the state government responded to the Supreme Court’s remarks by stating that they were challenging the High Court’s order because it contained remarks and observations against the state. In their plea, the state government said that the High Court’s order dated April 10, 2024, had demoralized the entire state machinery, including the police forces as well.

“The high court, in a very generic order, directed the state to provide the required support to the CBI without any guidelines, which amounts to usurping the powers of the state police to investigate any cognisable offense in the Sandeshkhali area, even if the same is not related to the allegations leveled by the PIL petitioners,” the plea further added.

The Supreme Court noted that if the state is solely offended by the words, they may also seek expungement and have the remarks removed from the High Court’s records. When the case returns after the summer holidays, it will be heard by the Supreme Court.

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About the Author: Hemansh Tandon

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