Why has a TMC MLA sought removal of Calcutta High Court's Acting Chief Justice?

  • Lawbeat Network
  • 06:19 AM, 28 Jun 2021

Read Time: 08 minutes

Ashok Kumar Deb, Trinamool Congress MLA & has written to Chief Justice NV Ramana, seeking removal of the current acting Chief Justice of Calcutta High Court, Justice Rajesh Bindal.

While the letter is on the letterhead of the “Bar Council of West Bengal” and is undersigned by the TMC MLA, the body of the letter states that the West Bengal Bar Association is "compelled" to write the instant letter under "urgent and dire circumstance".

The letter states that any endeavour that may seek to endanger the sanctity of this Hon'ble Court will destroy the sacred fabric of this institution.

"Disgruntled" Past

The letter touches upon the alleged "disgruntled past" of Justice Bindal, stating that he was earlier appointed as the Acting CJ of Jammu & Kashmir high Court on November 19, 2018 and it was due to his behaviour and attitude that the Jammu & Kashmir High Bar Association had resolved to boycott the Court on or around September 16, 2019. "Within a year, the lawyers at Jammu & Kashmir were fed up of his Lordships antics," says the letter.

On what grounds is the Bar Council seeking Justice Bindal's removal?

1) Handling of Narada Bail Matter

The way Hon'ble Justice Bindal has dealt with CBI, ACB, Kolkata Vs. Sri Firhad Hakim sets serious doubts over the conduct and character of the Judge, the letter states. It goes on to mention that the "way" in which and order dated May 17, 2021stayed an interim order of bail passed by the CBI court in favour of members of a "certain political dispensation without giving the parties an opportunity of being heard" casts doubts on the Judge. "The liberty/relief granted to the accused persons were snatched away, indicate that the Hon'ble Judge does not have any regard for judicial propriety and has committed a mockery of Judicial Conscience".

In this regard, the letter delves upon a letter written by Justice Arindam Sinha of the Calcutta High Court which pointed out that Justice Bindal had made a mockery of the institution.

The letter states that even though the 5-judge bench (hearing the Narada Case) had allowed repeated requests by CBI to files its affidavits, it declined the requests made by Chief Minister Mamata Banerjee & Moloy Ghatak. This, the letter states, clearly indicate the judge's "bias" towards the Central Government.

2) Justice Bindal not associated with any Landmark case

The letter states that despite Justice Bindal's decades long career, he has not been associated with any landmark case. "To the contrary, His Lordship's bio data would suggest that he was more occupied with administrative compartments than judicial."

3) Justice Bindal's assigning of case to Justice Kausik Chanda to hear Mamata Banerjee's Nandigram Petition

The letter further stipulates that Justice Bindal acts with "absurdity" and "inanity" while assigning cases. While doing so, the letter stipulates that Justice Kausik Chanda was assigned the Nandigram petition. "Justice Kausik Chanda is an erstwhile member of BJP and is someone who takes pride in such association"

It is alleged in the letter that Justice Bindal is responsible for brewing a storm at the Calcutta High Court and his act of assigning the Nandigram petition in which the Chief Minister Mamata Banerjee has challenged BJP's Suvendhu Adhikari's election from Nandigram is devoid of ethics and morality.

4) Justice Bindal is BJP's man

There are pictures of Justice Bindal visiting the Hon'ble governors home which were widely published, says the letter. "Videos on social media posts give the impression that Hon'ble Justice Bindra is a BJP man through and through".

It is pertinent to note that the Chief Minister of West Bengal, Mamata Banerjee had sought recusal of Justice Kausik Chanda from hearing her plea challenging Suvendhu Adhikari's election from Nandigram.

Two Supreme Court judges, Justices Indira Banerjee & Justice Aniruddha Bose also recused themselves from hearing plea's concerning West Bengal Violence as well as the Narada Scam case respectively.