Calcutta HC Stays Criminal Proceedings Against Police Constable For 8 Weeks To Enable Him File Writ Petition In SC Without Fear Of Arrest [Read Order]
6 years, 4 months ago

Calcutta HC Stays Criminal Proceedings Against Police Constable For 8 Weeks To Enable Him File Writ Petition In SC Without Fear Of Arrest [Read Order]

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The vacation bench presided by Justice Protik Prakash Banerjee of Calcutta High Court encountered a curious petition filed by a police officer accused of corruption, who was earlier denied anticipatory bail by a division bench of the high court. On October 11, Sujit Mondal, had filed anticipatory bail application before the high court, citing a Supreme Court order that granted interim relief to his co-accused. This liberty to reach the court physically to affirm an affidavit to file the petition, is part of the right to legal recourse, which, though not spelled out in so many words, is a part of "due process" and that "due process" is a part of Article 21 of the Constitution of India has been itself held by interpretation by the highest court in the country though the said words are not enacted in or part of Article 21 of the Constitution of India.” Impressed by these submissions, the bench observed: “It is true that the application for anticipatory bail was refused by a Division Bench of this Court on October 10, 2018. But on such date the present petitioner had wanted an anticipatory bail on the basis of the said interim order passed in the case of the co-accused from the High Court and had not expressed his desire to move the Hon'ble Supreme Court.” The bench then stayed all further proceedings of the concerned criminal cases against him for a period of eight weeks. If no step is taken by the petitioner to approach the Hon'ble Supreme Court within the period aforesaid, naturally, the interim order granted herein shall stand automatically vacated on the expiry of 8 weeks, unless varied or vacated by an order of this court passed earlier in terms of the above.

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