MANU/WB/0004/2018

True Court CopyTM

IN THE HIGH COURT OF CALCUTTA

W.P. 28879(W) of 2017

Decided On: 04.01.2018

Appellants: Atanu Chattopadhyay Vs. Respondent: Debangsu Basak and Ors.

Hon'ble Judges/Coram:
Harish Tandon

JUDGMENT

Harish Tandon, J.

1. It is not only alarming but equally disturbing when a Writ Petition is launched by the citizen against the sitting Judges of the High Court on unfounded and unsubstantiated allegations and/or aspersions not only undermining but also belittling their image, institution, position and the authority of law exercised in course of judicial dispensation. The Petitioner, who is appearing in person was given a patient hearing to extract the real cause of action leading to initiation of a proceeding under Article 226 of the Constitution of India. The Petitioner consistently harps upon denial of access to justice and injustice perpetrated upon him in not acceding to his prayer either listing as per his desire before the particular Judge and refusal to release the matter as he has inculcated a sense of bias against a particular Judge.

2. Several allegations/aspersions are made against each of the Respondents but finger is also pointed out against the Respondent No. 2 who recused himself from entertaining the instant Writ Petition filed by the Petitioner as one of the Respondents is known to him. Several write-ups were forwarded to this Court downloaded from the various sites in the internet on access to justice and its compulsion. What is sought to be conveyed to the Court that sense of justice attributable to the people implies the standard of fairness, equity, impartiality as opposed to misuse, abuse, unfairly treatment. I would narrate the salient facts stated in the Writ Petition to find out whether any cause of action is pleaded leading to denial of access to justice and such allegations and/or aspersions have any legal or factual basis.

3. At the first motion a query was raised whether the Writ Petition can be maintained against some of the Respondents who are the sitting Judges of this Court impleading the other authorities against whom there is virtually no allegations/aspersions in the Writ Petition. The Writ Petition is principally aimed against some of the sitting Judges of the High Court and their conduct in dealing with the instant matter.

4. This Court, therefore, feels that instead of venturing to enter into the point of maintainability of the instant Writ Petition, it would be appropriate and apposite to deal with the aspersions/allegations on its merit.

5. The foundation of the Writ Petition is based upon alleged incident happened on 18.08.2017 at midnight when criminals attempted to murder the old caretaker and the registration of F.I.R was denied by the local police and the Superintendent of Police despite an application dated 19.08.2017 and 22.08.2017. According to the Petitioner, the situation was so alarming that the armed constables or the armed police officers refused to stay without proper force. It is alleged that because of the lackadaisical attitude of the police authorities in retrieving the important documents including the educational certificates of the Petitioner and other family members were robbed, their livelihood was challenged and they were under a constant threat. Taking shelter under the umbrella of peace, liberty and civilization the Petitioner allegedly sensed/experienced palpable injustice with the behavioural conduct of the respective Judges. A Writ Petition being WP 25301 (W) of 2017 was filed on 20th September, 2017 for issuance of mandamus upon the authorities to take appropriate actions for expeditious hearing and for proper relief alleging police inaction to be urgently listed on 22nd September, 2017 before the Court of one of the Hon'ble Judges having determination. It is alleged that one of the officers in the Filing Section denied to receive the said Writ Petition as the Court in which the Petitioner intended to move the said Writ Petition did not have the determination and unless the correction is made in the presentation form incorporating the n........