On Thursday(2nd May),The Calcutta High Court warned the West Bengal Chief Secretary of potential contempt proceedings for failing to decide on prosecution sanction for individuals implicated in the school jobs for cash scam, citing dissatisfaction with the slow response as a breach of court orders.
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KOLKATA: On Thursday(2nd May),The Calcutta High Court issued a warning, indicating the possibility of initiating contempt of court proceedings against the West Bengal Chief Secretary, BP Gopalika. The warning comes in response to the Chief Secretary’s failure to make a decision regarding the sanctioning of the prosecution of former ministers and public servants implicated in the school jobs for cash scam case. The court, comprising Justices Joymalya Bagchi and Gaurang Kanth, expressed strong dissatisfaction with the Chief Secretary’s slow response, which it deemed a violation of the court’s clear orders.
Justice Bagchi, addressing Advocate General Kishore Datta, who appeared on behalf of the Chief Secretary, conveyed the court’s concerns, stating-
“You’re pushing us to issue a severe ruling, which seems highly unjust and possibly contradicts our previous directives. This deliberate delay appears to be orchestrated by you, and it could lead to charges of contempt. It seems to be a tactic commonly employed by litigators.”
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In response, the court questioned the Chief Secretary’s need for further time to consider the matter, emphasizing that the accused individuals were public servants and that there were allegations of corruption, with a chargesheet already filed. The court also highlighted that the roadblock in the case was the sanction required from the state, which had already been granted by the Governor. The court’s observations shed light on the urgency of the situation and the need for prompt action.
The issue of sanction in relation to the bail applications of some of the accused persons was raised during the court proceedings. Advocate General Datta argued that the matter of sanction should not be addressed at the bail stage.
However, the court clarified that the grant or denial of bail is closely linked to factors such as the gravity of the alleged offense and the delay in the trial, which, in turn, depend on whether there is sanction to prosecute all the accused.
“In this particular instance, the seriousness of the offense is evident. The trial delay is directly linked to the delay in authorizing the prosecution of the accused. This delay doesn’t seem to stem from ordinary bureaucratic inefficiency; rather, it appears to be a deliberate tactic to prolong proceedings and hinder cooperation. It’s crucial for us to identify the underlying factor impeding the efficient administration of justice.”
-the court remarked.
The bench further emphasizes the “sense of urgency” in the case and emphasized that the Chief Secretary must make a decision without delay. The court expressed its disappointment with the lack of urgency demonstrated by the Chief Secretary and stated that such actions.
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Additionally, the bench indicated its authority to exercise powers under Article 227 of the Constitution of India and supervise any pending proceedings. The court expressed profound concern over the potential reluctance of the Chief Secretary to grant sanction and noted the involvement of influential individuals with covert connections within the state administration, including former ministers and public servants who stand accused. The court suggested the presence of an institutional conspiracy and raised apprehensions regarding its scope, cautioning against the abuse of authority and manipulation of the legal framework.
Case Title:
Kuntal Ghosh vs Central Bureau of Investigation
