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WB Lawyers strike, SC to refer two cases to Calcutta HC

Last Updated 20 May 2019, 13:49 IST

Lawyers strike being observed in West Bengal since April 29 on Monday forced the Supreme Court to refer two cases, related to bail, for consideration before the Calcutta High Court.

A vacation bench of Justices Indira Banerjee and Sanjiv Khanna passed two separate orders as "fundamental right related to liberty" was involved.

The top court was told that there was not only cessation of works by lawyers since April 29 but locks have been put on the doors of the judicial officers.

Lawyers have abstained from work after police lathicharge in Howrah after the dispute arose between them and municipal corporation over parking of vehicles.

"If it is found that the courtroom is locked, as alleged (which seems rather incredible), or if it is not possible to produce the petitioner before the Chief Metropolitan Magistrate by reason of picketing and/or obstruction or otherwise, the petitioner may be produced before the High Court on or before 22.10.2019 for consideration of the modification of the bail on appropriate terms," the bench said.

This order was passed in case of Wasim Ahmed, who contended that he was granted bail on condition of producing one registered surety.

Senior advocate V Sekhar, appearing for him contended that due to the call given by the Bar Council of West Bengal advocates all over West Bengal have struck work completely. As a result, the petitioner, a resident of Nagpur, was unable to approach the Calcutta High Court for relief.

He was not in a position to produce any registered surety. He also said his mother was critically ill, for which he needs to go home.

The top court directed for producing the petitioner before the court of Chief Metropolitan Magistrate or before the High Court, saying he can't indefinitely
be kept in jail for inability to fulfil the condition and that too for reasons entirely beyond his control.

In another case related to arrest of Pankaj Maru and others for allegedly being involved in IPL betting, the court was told that they were rendered without a remedy after the rejection of their bail plea by a trial court due to strike being observed in the state.

The court ordered that the petitioners shall be produced before the high court on May 22 for necessary orders on bail.

"This order is passed in the special facts and circumstances of the case having regard to the extraordinary situation which has arisen in the State of West Bengal by reason of the call for the cessation of work and its consequences and its impact on the fundamental right of citizen under Article 21 of the Constitution. This order may not be treated as a precedent," the bench said.

On Monday, West Bengal ADG Rajeev Kumar also mentioned his case, seeking an extension of seven-day interim protection from arrest by the CBI until the strike got over there.

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(Published 20 May 2019, 13:49 IST)

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