Calcutta HC Sets Aside Single Judge's Order Reviving Criminal Proceedings Against Anisur Rehman, Remands Back Matter

The Calcutta High Court has set aside an order of a Single Judge reviving criminal proceedings against erstwhile West Bengal BJP leader Anisur Rehman without granting him an opportunity of being heard and remanded the matter back for being considered afresh. On Tuesday, the bench of CJ Thottathil B. Radhakrishnan and Justice Arijit Banerjee was considering an appeal against the March 2 order by Justice Sabyasachi Bhattacharyya on a writ petition filed by Shah's nephew Jahar Sha against the proposal of the State Government to initiate action in terms of Section 321 of the CrPC for withdrawal of the criminal cases pending against the appellant, Rehman. However, by the impugned order dated February 26, 2021, when the trial was about to reach culmination upon direction for expeditious hearing by a co-ordinate Bench, the Legal Remembrancer and Ex-officio Secretary to the Government of West Bengal, Judicial Department, apparently on the direction of the Governor, instructed the concerned Public Prosecutor to withdraw the case, under the provisions of Section 321 of the Code of Criminal Procedure", Justice Bhattacharya noted. The Single Judge expressed the view that as held in the said judgment, the Public Prosecutor cannot act like the post office on behalf of the State Government, but is required to apply his independent mind and good faith and peruse the materials on record to form an independent opinion whether the withdrawal of the case would really subserve the public interest at large, that even Section 321 of the Code of Criminal Procedure says that the Public Prosecutor or Assistant Public Prosecutor-in-Charge of a case may make such an application. Moreover, Justices Bhattacharya commented that the modus operandi in the present case is rather transparent since the Public Prosecutor actually acted on such instruction and made an application pursuant to the order of the State Government and, despite having knowledge of the High Court being in seisin of the present writ petition, the concerned Sessions Judge has granted consent for such withdrawal, which had the effect of acquitting the accused persons.