'Deliberate and wilful dishonesty': Calcutta High Court imposes heavy cost on petitioner for suppression of fact

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The Calcutta High Court on Thursday imposed heavy cost to the tune of rupees 11,000 on a petitioner for gross suppression of fact. 

One Md. Jarif Ali had approached the high court being aggrieved by an undated notice issued by the Kaliachak Police Station preventing any fishing in a particular ‘Jalkar’ i.e. fishing pond. Ali had claimed that despite his license being valid, he had been refrained from earning his livelihood. 

Ali had also submitted that during the covid-19 lockdown period, he was not able to cultivate any fishes which had already affected his earnings.

On the other hand, the State authorities submitted that Ali’s lease had expired in the year 2018.

Taking note of the submission made and facts of the case, the bench of Justice Rajasekhar Mantha rejected Ali's contentions and stated that "this Court sees gross inconsistency and deliberate and willful dishonesty in filing the instant proceedings."

Court added, "there is no evidence that the lease has been formally extended beyond the year 2018. There is also no evidence to indicate that the petitioner lost any rights during the pandemic."

Therefore, taking serious note of dishonesty on Ali's part, court imposed the cost for "gross suppression of material facts and the statements thereof."

Court directed Ali to pay costs assessed at rupees 11,000 to the Kaliachak Police Station. "The Officer-in-Charge, Kaliachak Police Station, Malda shall be entitled to collect the same against the official Government receipt from the petitioner," court further ordered.

Md. Jarif Ali Vs. The State of West Bengal & Ors.