Calcutta High Court

Sri Surajit Saha vs. Mamata Banerjee, The Hon’ble Chief Minister, West Bengal & Ors.

W.P.23510 [W] of 2019

Sri Surajit Saha

vs.

The State of West Bengal & Ors.

with

W.P.23573[W] of 2019

Soumen Sarkar

vs.

Union of India & Ors.

with

W.P.23557 [W] of 2019

Kuntal Majumder

vs.

Union of India & Ors.

with

W.P.23463[W] of 2019

Suman Bhattacharjee

vs.

Union of India & Ors.

with

AST 61 of 2019

Anirban Mukherjee

vs.

State of West Bengal & Ors.

with

AST 62 of 2019

Ramaprasad Sarkar

vs.

Union of India & Ors.

with

W.P.23781[W] of 2019

Sri Surajit Saha

vs.

Mamata Banerjee, The Hon’ble Chief Minister, West Bengal & Ors.

Mr. Smarajit Roy Chowdhury

Advocates:

Mr. Ajit Mishra
Mr. Uttam Basak
… for the petitioner in

WP 23510 [W] of 2019 & W.P. 23781(W) of 2019.

Mr. Nilanjan Bhattacharjee

Mr. Ravi Ranjan Kumar
Mr. Nikunj Berlia
… for the petitioner in W.P. 23573[W] of 2019.

Ms. Priyanka S. Tibrewal

Mr. Ajit Mishra
Mr. Uttam Basak

… for the petitioner in AST 61 of 2019.

Mr. Ashok Kumar Chakraborty

Mr. Vipul Kundalia
… for the UOI.

Mr. Kishore Datta, Ld. A.G.

Mr. Abhratosh Mazumdar. Ld. A.A.G.
Mr. Avra Mazumdar
Mr. Arun Kumar Nag

                                                    … for the State.

Mr. Ajay Chaubey
Ms. Moumita Das

                                                 … for the respondent no.4 in

W.P. 23510 [W] of 2019 and
Respondent/South-Eastern
Railway in AST 61 of 2019.

Mr. Partha Ghosh

                                      … for the Railway in AST 61 of 2019.

Mr. Ramaprasad Sarkar

                           … petitioner in person in AST 62 of 2019.

Order: 

Supplementary affidavit filed in connection with W.P.23781[W] of 2019 be kept with the record.

Read the common order minuted on 20th December, 2019.

Today, the learned Advocate General submitted in answer to two of the queries raised by us on the previous day that all restrictions imposed on internet have been lifted through out the entire State of West Bengal and that the publication of a particular material by the State which is annexure “P-2” to W.P. 23573 [W] of 2019 has been withdrawn from circulation and is no more in circulation.

We leave open the legal issue as to whether the State or the Government could issue such publications at State expense or using the government machinery for consideration in due course.

Recording the submission, we hereby direct that the said publication be removed from all Government portals and facebook sites of government institutions and departments for the time being.

The Eastern Railway and South-Eastern Railway will be at liberty to place reports in the form of affidavits placing on record the actual details of loss caused to railway property and other damages incurred. The railways will also place on record that the measures were taken to prevent loss of railway property and to ensure free movement of trains and safety of passengers and goods. Such report will also contain clear statement as to the action taken and the action to be taken for recovery of loss caused for such damages to the railway property.

Let the State, as well as the Union of India, place detailed response to all issues through reports in the form of affidavits before the next date of hearing.

Post the matter on 9th January, 2020 at 12.30 P.M.

( Thottathil B. Radhakrishnan, C.J. )

( Arijit Banerjee, J. )

Dated 23.12.2019

S/L-204 Ct-1 (AD & BD)