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Synopsis

The Calcutta High Court on Wednesday directed ADGP, CID to take the matter pertaining to a 'fake' writ petition seriously and to proceed expeditiously.

The fake plea was filed before the high court by forging the signatures of nearly eight persons including one who had died in 2021.

The single-judge bench of Justice Md. Nizamuddin reviewed the status report filed by the Additional Director General of Police, CID and said, 

"I have perused the said status report and I am not at all satisfied with the progress and the manner and the pace at which the investigation is proceeding in this matter. CID authorities, for the delay, have taken the plea by shifting the responsibility to the local police station i.e. Hare Street Police Station."

On March 29, 2023, the court had ordered a probe into the 'fake' writ petition.

The court while reviewing the status report filed by the ADGP said, "The order of this court was passed on 29th March 2023 but to date not a single person has been taken into custody nor a single interrogation has been done till date though a list of seventeen persons have been placed before this Court by the police who are required to be investigated by them in the matter."

The said fake petition was filed by 19 petitioners who had claimed to be members of a cooperative society by executing a valid Vakalatnama in favour of Advocate Pabitra Charan Bhattacharjee.

It was confirmed by Harish Chandra Gain, the first writ petitioner, who had affirmed the affidavit to the writ petition by stating that he was authorised by the other 18 petitioners.

The counsel for Cooperative Society, Subrata Kumar Basu, had argued before the court that, of the other 18 petitioners, eight had not authorised Gain to file the writ petition. It was further submitted that the writ petition was affirmed and filed in the name of a dead person – petitioner 17, by forging his signature in the Vakalatnama.

The court had noted that at least eight members specifically declared that they did not even know that the said writ petition had been filed in their names.

While reviewing the status report of the ADGP, the court said, "It is expected that the investigating authority will take the matter seriously and proceed expeditiously and no one will be spared in the matter. The protection shall be provided by the police authorities to the witnesses whose evidence is relevant and necessary in the matter. All the parties including the department concerned of this Court shall render all necessary cooperation in the matter in course of investigation by the police authorities."

The court has listed the matter on May 03, 2023 to be heard next.

Case Title: Harish Chandra Gain &Ors. vs. The State of West Bengal &Ors.