HC Division Bench refuses to interfere with order

MP, 10 Jan 2024 : The Calcutta High Court on Wednesday refused to interfere in an order passed by the Single Bench that directed the Enforcement Directorate (ED) to take steps to collect the voice samples of Sujay Krishna Bhadra, who has been accused in the alleged recruitment scam. 

Jishnu Saha, senior counsel appearing on behalf of Bhadra had raised an issue that the sample so collected, cannot be used for the purpose of investigation in view of the order passed by Justice Tirthankar Ghosh. 

“However, we do not find any such observation in the order passed by Justice Ghosh as His Lordship has stated that 'as the revisional application will be heard out at length after the complaint is filed, whether such voice sample can be used in evidence at the trial would be considered by this Court at the final stage of arguments of the present revisional application’,” the Division Bench of Justice Soumen Sen and Justice Uday Kumar stated. 

Saha submitted that the Single Judge was not possibly apprised of an order passed by a coordinate Bench on July 20 last year in which a direction was issued upon the Special Court to take steps for the purpose of collection of voice sample. 

“It would have been more appropriate for the ED to approach Justice Ghosh in the event ED was faced with any difficulty for the purpose of collection of sample as the comity of Court requires such matter to be decided by the Bench in seisin over the matter and in any event in the matter of discretion in another proceeding, due regard should have to the proceeding in which the said issue was raised and pending for adjudication,” Division Bench of Justice Soumen Sen and Justice Uday Kumar observed. 

However, the Bench stated ED has already collected the sample. “The order passed by Justice Sinha (Justice Amrita Sinha) is not in conflict with the order passed by Justice Ghosh,” it was observed.

https://www.millenniumpost.in/bengal/hc-division-bench-refuses-to-interfere-with-order-547696