West Bengal: Advocate General's nod sought to start contempt proceedings against TMC MLA

Amid the squabble between BJP and TMC, a citizen has sought Advocate General Kishore Datta's consent for initiating contempt proceedings against West Bengal Bar Council chairperson Ashok Kumar Deb. A TMC MLA from the Budge Budge constituency, Deb had sought the removal of Calcutta High Court Acting Chief Justice Rajesh Bindal on June 25. As per Section 15 of the Contempt of Courts Act, the HC can hear the criminal contempt petition of a private individual only after the Advocate General accords consent.

Vijay Kumar Singhal, a resident of Howrah, wrote to Datta on Wednesday arguing that the TMC legislator had committed contempt of court as per all categories laid down by Section 2(c) of the Contempt of Courts Act. This includes a deliberate attempt to lower the authority of a court and interference with due process of judicial proceedings. According to Singhal, Deb had misused his position for the sole purpose of bringing disrepute to the Calcutta HC and Acting Chief Justice. Earlier, BJP accused West Bengal CM Mamata Banerjee of using the Bar Council to browbeat the HC owing to its recent orders holding the TMC government to account. 

Bar Council levels serious allegations

In the letter accessed by Republic TV on June 27, the West Bengal Bar Council conveyed to CJI NV Ramana that Justice Bindal is an "unfair, partial and biased" judge. Maintaining that his continuance at the HC interferes with the "fair and impartial dispensation" of justice, it cited numerous instances to buttress its point. For instance, the Bar Council has come down heavily on the stay on the interim bail order passed by the CBI special court in the Narada case.

Furthermore, the Bar Council alleged that Justice Bindal's bias is apparent from the 5-judge bench headed by him has declined the request of West Bengal CM Mamata Banerjee and Law Minister Moloy Ghatak to file affidavits while allowing the CBI to do so. It has also claimed that Justice Bindal is more occupied with administrative commitments than judicial citing his biodata. Additionally, the lawyer's body took umbrage at crucial matters being assigned to Justice Kausik Chanda. 

It added, "Hon'ble Justice Kausik Chanda is a judge who has not yet been made permanent at the Calcutta High Court. Hon'ble Justice Chanda is known to have a deep and profound association with the BJP and its leaders. All of which hints towards the fact that someone like Hon'ble Justice Chanda will not be able to impart complete and impartial justice in cases pertaining to the criminal jurisdiction." 

Some of the other allegations in the letter include his decision to assign Mamata Banerjee's election petition challenging the Nandigram verdict to Justice Chanda, conflict of interest, association with BJP and Governor Jagdeep Dhankhar, etc. The Bar Council added, "Unless urgent steps are taken for the removal of Hon'ble Justice Rajesh Bindal, we will be mute spectators to the continuous travesty of justice at the hands of a prejudiced, biased and skewed judge and justice will be denied to the unguarded citizens of this great nation". So far, the HC has not officially reacted to this letter.