- (1.) Having regard to certain untoward incidents which were stated to have occurred in the premises of the Howrah District Sadar Court complex on 24th April, 2019, the Hon'ble the Chief Justice deemed it appropriate to direct the Registry to place this matter for consideration on the judicial side in the Division Bench headed by the Hon'ble the Chief Justice for consideration on the judicial side as to whether suo motu proceedings be initiated in jurisdiction under Article 226 and/or 227 of the Constitution and, if so, to delineate the issues that require to be focused upon to have a comprehensive look into the matter. It was further held that the said matter should be treated as a matter in exercise of supervisory jurisdiction in terms of the Constitution. The Registry was directed to place the matter on 29th April, 2019 as 'Listed as Directed matter'. The following were the parties in the said matter:- "1. Registrar General, Calcutta High Court 2. District Judge, Howrah 3. Chief Judicial Magistrate, Howrah 4. Union of India, represented by Additional Solicitor General 5. State of West Bengal, represented by Advocate General 6. Chief Secretary, Government of West Bengal 7. Secretary, Home Department, Government of West Bengal 8. Director General of Police, State of West Bengal 9. Commissioner of Police, Howrah Police Commissionerate 10. Superintendent of Police, Howrah Commissionerate 11. Commissioner of Howrah Municipal Corporation 12. Station House Officer (SHO), Howrah"
(2.) By an order dated 29th April, 2019, the said matter was ordered to be registered as a writ petition taken up suo motu in exercise of authority under Article 226 of the Constitution and supervisory jurisdiction of this Court under Article 227 of the Constitution of India. Relevant portion of the order dated 29th April, 2019, reads as follows:- "9. Having regard to the different aspects and issues which may be relevant for consideration in larger public interest and for protecting the premises of Courts and to ensure that due process in terms of the Constitution and the laws are obeyed and enforced in relation to the incident at Howrah, this matter is ordered to be registered as a writ petition taken up suo motu in exercise of authority under Article 226 of the Constitution and the supervisory jurisdiction of this Court under Article 227 of the Constitution of India. This will stand registered and notice is hereby ordered to be issued to the authorities listed in the cause title. 10. Respondent Nos. 7, 8, 9, 10, 11 and 12 are directed to file separate personal affidavits touching all aspects of the untoward incidents which are stated to have occurred in the premises of the Courts at Howrah on 24th April, 2019. All such affidavits shall be available before the Bench when this matter is taken up at the next date of hearing. 11. Post on Wednesday, 1st May, 2019. 12. In the meantime, the High Court on the Administrative Side, at the appropriate level, will carry out requisite exercise to ensure that judicial functioning of the Courts at Howrah is smoothly carried out. For this purpose the organizations of the Advocates, including the Bar Council of West Bengal and other requisite stake-holders, may extend such cooperation as the High Court may require and call for. It is clarified that the pendency of this Writ Petition on the Judicial Side will not, in any manner, stand in the way of any action that the High Court may taken on the Administrative Side."
(3.) Records reveal that the learned Additional Solicitor General appeared on behalf of the fourth respondent while the learned Advocate General assisted by the learned Additional Advocate General represented the respondent nos.2 to 10 and 12 after the writ petition was taken up suo motu, registered and numbered. Representation of parties through the learned Advocate General was subsequently corrected and the learned Advocate General represented respondent nos.5 to 10 and 12 as will appear from the order dated 30th April, 2019.;