HC fines petitioner ₹50k, bars him from filing PILs
Times of India | 29 August 2024
Kolkata: Calcutta High Court on Wednesday imposed a Rs 50,000 fine on a petitioner and barred him “perpetually and eternally” from filing a PIL in the court.
A division bench of Chief Justice T S Sivagnanam and Justice Hiranmay Bhattacharyya held that Sanjay Das, an HC advocate, had filed a “frivolous” petition made with a view to “intimidate the office of the Chief Justice”.Das was told to deposit Rs 50,000 with West Bengal Legal Services Authority within 10 days.
The petitioner had filed a writ of mandamus in the HC on May 24, urging the registrar general to modify the notice of roster regarding the determination of judges — which is prepared by the CJ’s office. Das had raised the determination of Justice Amrita Sinha, who dealt with petitions on police inaction/excesses. The bench took exception when counsel Radhamohan Ray sought to withdraw the petition, stating his prayer “stood fulfilled” (Justice Sinha has a fresh determination now).
“We are not fools sitting here. This is not a playground. Don’t play with the court,” the CJ observed. He told the counsel: “You have stated that you’re a public-spirited person and participated in many cases that brought about social impact. Cite one instance in which you did so.” Ray stayed silent.
The CJ reminded the counsel that the division bench had on June 6 advised him to go through the law on whether action by the Chief Justice’s office could be brought under judicial review. “The advice fell on deaf ears. The advocate asked his junior Soumyanath Sanyal to make mentions about the petition seeking an urgent hearing of the matter,” he said.
Citing several Supreme Court judgments, the bench held that the roster of determination prepared by the CJ’s office “could not be tinkered with at the option of the petitioner”.
The HC dismissed the writ petition calling it “a clear abuse of the court process”, and recorded that Das had made “false statements” in his affidavit before debarring him from filing PILs.
The division bench also refused to take up another petition by Das on the ground that it was not maintainable. The lawyer had filed a PIL against the 12-hour Bengal bandh call given by BJP, citing the Bombay High Court’s order against a bandh in the aftermath of the Badlapur sexual assault.