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A single-judge bench of Justice Amrita Sinha had ordered the CBI joint director by the impugned order to investigate the claims of tampering by July 5 and present a report to the court on July 7, when the case is to be heard again.
The Calcutta High Court has on Friday told the CBI not to take any steps till June 26, on an investigation ordered by a single judge in a case alleging the panchayat returning officer tampered with documents filed with nomination papers for rural polls to be held on July 8.
The single judge had on June 21 ordered the CBI probe while acting on writ petitions contending the returning officer had wrongly cancelled their nomination on the ground that they had not filed caste certificates, even they had done so.
On an appeal by the officers, including the District Magistrate Howrah, a division bench of Justice Arijit Banerjee, and Justice Apurba Sinha said, "Basically, two questions arise which we need to consider. Firstly, what are the circumstances in which a CBI enquiry may be justifiably directed by the Court ? Secondly, whether or not the facts of the present case portray or depict one of such circumstances?"
The bench proposed to pass its order at 2 PM on June 26, 2023 when the matter will be listed again.
"Since both parties have arguable cases, which require our careful consideration, let CBI not take any steps in terms of the impugned order till 26.6.2023," the bench ordered.
Senior Advocate Kalyan Bandopadhyay, appearing for the officers, submitted that the CBI enquiry or investigation cannot be ordered for the mere asking.
"Just because some allegations are made against the Officers in the Administration, the premier investigating agency of the country cannot be directed to conduct an enquiry. Any and every administrative lapse cannot be subjected to CBI enquiry," he said.
Bandopadhyay also submitted that the writ petitioners did not and could not have filed the caste certificate with their respective nominations. He said that the writ petitioners filed acknowledgment slips showing that their applications for OBC “A” certificate had been received by the competent authority and are pending.
Senior Advocate Bikash Ranjan Bhattacharya, appearing for the writ petitioners or candidates, submitted that the single judge bench has decided nothing as it has merely directed a preliminary enquiry to be held by CBI and to place the report before Court.
"There is nothing in the impugned order by which the State can be legitimately aggrieved. It is significant that the State is trying to shy away from CBI enquiry," he said, adding the Writ Court has sufficient power to direct CBI enquiry in a fit case.
Another counsel said it is not understood as to how the State has got hold of documents, which have been annexed to the appeal papers. "Such documents are supposed to be in the exclusive custody of the State Election Commission," he said.
A single judge bench of Justice Amrita Sinha had on Wednesday directed the CBI to conduct the investigation by July 5 and place a report before the court on July 7.
Since the allegation is against an officer responsible for conducting a free and fair election, the enquiry needs to be done by an independent authority, it had said.
Case Title: The District Magistrate of Howrah & Others vs. Kashmira Begam Khan & Others
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