Calcutta High Court lawyers threaten boycott of Acting Chief Justice Rajesh Bindal court on case reassignment controversy

A few lawyers practicing before the Calcutta High Court have written to Acting Chief Justice (CJ) Rajesh Bindal taking objection to recent administrative decision by the Acting CJ to reassign a case from Justice Sabyasachi Bhattacharyya and list it before a Division Bench. .In a letter to the Acting CJ, the lawyers cautioned that they will refrain from appearing before the Chief Justice court, if the administrative decision to reallocate the case is not recalled. "We want to convey to you that we are extremely shocked and dismayed. We have also felt that the Appellate Side Rules have been violated very grossly. We hope that you will understand and appreciate our reasons and recall your administrative decision of assignment. If such is not done, we will have no other alternative but not to participate in any judicial proceedings before the Hon'ble Acting Chief Justice," the letter said. The reassigned case in question was a civil revision application in which Justice Bhattacharyya had, on July 16, made strong observations regarding glitches in video conference hearings at the Calcutta High Court. He had gone to the extent of saying that he would refuse to hold court unless connectivity issues are resolved completely.He had also issued notice on why contempt of court proceedings should not be initiated against the High Court administration, including the Registrar General and the Central Project Coordinator due to continuous interference in virtual hearings.The hearings, he had lamented, have become a joke by now, and do not tantamount to adjudication of matters.Later it was found that the case had been withdrawn from him and listed before a Division Bench. Justice Bhattacharayya himself had taken strong objection to the same and written a strongly worded order against it calling it "most indecent" and "chutzpah". In its letter, the lawyers said that the CJ’s administrative powers should not be misused to cover-up lacunae in administration and further observed that the Chief should ideally have disassociated with this matter entirely.“The power of the Acting Chief Justice to assign cannot and should be used to cover up shortcomings/lacunae of the Administrative Side of the Hon'ble High Court, Calcutta. You should also take a note that you being the head in Administrative Side as Acting Chief Justice should have rather disassociated yourself with this case.”.[BREAKING] Refuse to be a part of circus: Justice Sabyasachi Bhattacharyya says he will not hold court till virtual hearing glitches are resolved.The representation by the lawyers said that it was apparent from the sudden assignment that the decision was only made since Justice Bhattacharyya questioned the administration of the High Court for not carrying out their duties adequately.Further, it was brought to the CJ’s attention that a Civil Revision, under the Appellate Side Rules, cannot be taken up any Division Bench..The letter stated that no one is above the law and the administrative side of the High Court is bound to answer questions in judicial proceedings.“In many matters, the Administrative Side of the High Court is a party to the litigation and they are bound to answer any question put by any Hon'ble Court in any judicial proceedings. No one is above law,” the letter said..[BREAKING] "Most indecent", "Chutzpah": Justice Sabyasachi Bhattacharyya on CJ Rajesh Bindal reassigning case to a Division Bench.[Read Letter]

Calcutta High Court lawyers threaten boycott of Acting Chief Justice Rajesh Bindal court on case reassignment controversy

Shagun Suryam

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