Latest news with #CalcuttaHighCourt
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Business Standard
4 hours ago
- General
- Business Standard
Calcutta HC refuses bail to Panoli for controversial remarks amid tensions
The Calcutta High Court on Tuesday refused to grant interim bail to social media influencer Sharmistha Panoli, who is accused of making controversial remarks against a community in the context of Operation Sindoor—coordinated missile strikes conducted by the Indian armed forces. According to a LiveLaw report, Panoli challenged a remand order issued by a trial court, which had placed her in judicial custody for 14 days. Court stresses caution in diverse society While denying bail, the court listed the matter before the next vacation bench and stated, 'This video was made on social media, it was heard, this incident has led to a section of people's sentiment being hurt. Look, we have freedom of speech, but that doesn't mean you will go on to hurt others. Our country is diverse, with people from different castes, creeds, religions, etc. We must be cautious by saying this. So, day after tomorrow. Heavens will not fall.' Panoli faces legal action for blasphemous content Panoli, a law student at Symbiosis Law School, allegedly made blasphemous remarks against Prophet Mohammad on her social media accounts. After facing backlash for the offensive video, she deleted it and issued a public apology. Despite this, she was arrested in Gurugram by Kolkata Police. Defence argues arrest violated due process under BNSS Her counsel argued that the arrest was illegal, stating the offences listed in the FIR were non-cognisable. The counsel also contended that Panoli had not been served a notice prior to arrest, which is required under the Bharatiya Nagarik Suraksha Sanhita (BNSS). The state counsel responded that a notice had been issued but could not be served because Panoli had fled with her family. Next hearing set for June 5; case diary requested The High Court directed the West Bengal government to produce the case diary related to Panoli's arrest at the next hearing, scheduled for 5 June. Operation Sindoor: military response to Pahalgam attack On 7 May, the Indian armed forces launched coordinated missile strikes on terrorist infrastructure at nine locations in Pakistan and Pakistan-occupied Kashmir (PoK). The strikes were in retaliation for the 22 April terror attack in Pahalgam.
Indian Express
5 hours ago
- Business
- Indian Express
Why SC ordered West Bengal govt to pay Dearness Allowance arrears worth Rs 11,000 cr
The Supreme Court on May 16 directed the West Bengal government to release 25% of the outstanding Dearness Allowance (DA) arrears to its employees within six weeks. This would amount to Rs 11,000 crore and benefit nearly 10 lakh employees, sources said. The interim order offers partial relief in a long-standing dispute over pay parity with central government employees. However, it would also significantly burden the state government's finances. What is the issue, and why has the West Bengal government opposed increasing the DA in the past? We explain. Dearness Allowance is paid to government employees and pensioners in addition to their salary to manage the impact of inflation. It is calculated as a percentage of the basic pay or pension. Typically, the All India Consumer Price Index-based inflation rate is used for calculating increases in the cost of living. For greater effectiveness, the DA is revised twice a year. In West Bengal, state government employees receive 18% DA, following Chief Minister Mamata Banerjee announcing a 4% hike during her Budget speech this year. In comparison, central government employees receive 55% DA. The Supreme Court was hearing the state government's appeal against a 2022 Calcutta High Court ruling (The State of West Bengal & Ors. Vs Confederation of State Government Employees, West Bengal & Ors.). The HC had directed West Bengal to bring its DA disbursal in line with central government rates. An apex court bench comprising Justices Sanjay Karol and Sandeep Mehta has now said the interim relief would apply to DA arrears accumulated between 2009 and 2019. The next hearing in the case is in August. Among other things, the court will consider whether the right to receive Dearness Allowance is a fundamental right. What is the case? The legal battle between the state government and its employees began with two leaders of the West Bengal Confederation of State Government Employees, which is affiliated with the Indian National Trade Union Congress (INTUC). In 2016, Malay Mukhopadhyay and Shyamal Kumar Mitra sent a notice to the Chief Secretary, demanding outstanding DA. They later filed a petition with the State Administrative Tribunal (SAT). 'We realised then that the government is not in the mood to pay our outstanding DA, and the courts are the only way to get it. So, we went to the SAT, which gave an order against us. We challenged the order and went to the Calcutta High Court. After that, our journey began, and the West Bengal government has lost every case against us,' said Mukhopadhyay. On May 20, 2022, the HC directed the West Bengal government to release the DA and corresponding arrears to its employees. A bench of Justices Harish Tandon and Rabindranath Samanta said the allowance should be released within three months. The order said the arrears were to be calculated based on the All India Consumer Price Index, commensurate with their pay according to the West Bengal Services (Revision of Pay and Allowance) Rules, 2009. The rules provide for DA, medical allowance, house rent allowance and non-practising allowances. They were formulated based on the recommendations of the 5th Pay Commission in 2008. 'Owing to unabated pressure of inflation, the real value of salary fixed periodically by the Pay Commission gets continuously eroded with the passage of time. The cost of price living index is the basic factor for consideration of the Pay Commission for determination of Pay and Dearness Allowances to be paid to the employees. The State Government followed the same principles for computation and payment of D.A on basic pay fixed under 5th Pay Commission as has been done by the Central Government under 6th Central Pay Commission,' the order said. The Advocate General (arguing for the government) said that the effects of inflation vary from one place to another, and it is not imperative on the part of the state government to adopt the central government rates. However, the court held that compared to the DA paid to the central government employees, state government employees were lagging far behind. It pointed out that the state government had accepted the pay commission's revisions, and even paid DA twice in a year. This was discontinued after 2010, and the government has since 'delayed payments of DA to its employees in most arbitrary manner'. The court also said that receiving DA is a legally enforceable right, and the government's argument of 'financial inability' was not acceptable. 'Such right of the employees to sustain their livelihood with dignity has been fructified or elevated as a fundamental right as enshrined in Article 21 of the Constitution,' the ruling noted. Challenging the order, the state government appealed to the Supreme Court on November 28, 2022, but it saw multiple delays. From December 1, 2024, the hearing was postponed 18 times. What will be the financial burden on the state government? A senior finance department official said, 'We already have some rough calculations, indicating the government will have to give Rs 11,000 crore to pay the arrears as ordered by the Supreme Court.' Existing schemes also add to the government's bill. The Lakshmir Bhandar scheme for financial assistance to women from economically weaker sections costs Rs 25,000 crore. The Banglar Bari housing scheme stands at Rs 40,000 crore. Women-focused schemes, Kanyasree and Lakshmisree, aid for puja committees, and other social security schemes' spending totals more than Rs 10,000 crores. The 2025-26 state Budget was for Rs 3.89 lakh crore. The revenue deficit estimated for the period is Rs 35,314.95 crore, the fiscal deficit is more than Rs 73,000 crore, and outstanding debt stands at around Rs 7.71 lakh crore. A government official also pointed out that the debt will likely touch Rs 8 lakh crore this year. 'Last year, we increased the Lakshmir Bhandar monthly payment from Rs 500 to Rs 1000, which increased total expenditure.' What have the state's political leaders said? The ruling Trinamool Congress has so far not reacted to the issue. CM Mamata Banerjee said, 'I don't speak about the court cases. I proceed legally.' Leaders of employees' organisations expressed hope for the order to be implemented. Convenor of Sangrami Joutha Mancha, Bhaskar Ghosh said, 'We want that the Chief Minister should act legally and give us the due DA.' General Secretary of State Steering Committee Sanket Chakraborty said, 'We expect the Chief Minister will obey the order of the apex court and will give us our dues.' The opposition parties, the BJP, Congress and CPI(M), all said the order had to be implemented and that it came after several attempts by the government to block similar directives. Atri Mitra is a Special Correspondent of The Indian Express with more than 20 years of experience in reporting from West Bengal, Bihar and the North-East. He has been covering administration and political news for more than ten years and has a keen interest in political development in West Bengal. Atri holds a Master degree in Economics from Rabindrabharati University and Bachelor's degree from Calcutta University. He is also an alumnus of St. Xavier's, Kolkata and Ramakrishna Mission Asrama, Narendrapur. He started his career with leading vernacular daily the Anandabazar Patrika, and worked there for more than fifteen years. He worked as Bihar correspondent for more than three years for Anandabazar Patrika. He covered the 2009 Lok Sabha election and 2010 assembly elections. He also worked with News18-Bangla and covered the Bihar Lok Sabha election in 2019. ... Read More
Indian Express
5 hours ago
- General
- Indian Express
Calcutta HC denies bail for Sharmistha Panoli; orders police to produce case diary
The Calcutta High Court single bench of Justice Parth Sarathi Chatterjee on Tuesday refused to grant interim bail to 22-year-old law student Sharmistha Panoli. After Operation Sindoor, Panoli had allegedly posted an offensive video 'targeting individuals based on their identity'. After facing backlash, she deleted the video and issued an apology. A student at Symbiosis Law School in Pune with nearly 2 lakh followers across social media platforms, Paloni was arrested in Gurugram on May 30. A Kolkata court subsequently remanded her to 14 days of judicial custody. On Tuesday, the Calcutta High Court directed that a May 15 complaint filed at Garden Reach police station by Wajahat Khan be treated as the principal case, and all other FIRs based on similar grounds be stayed. The State has been ordered to produce the case diary and all collected materials before the court on June 5. During the hearing, Justice Chatterjee remarked: 'A group of people in our country got hurt, leading to three or four cases. A section of the country is aggrieved. We have freedom of speech and expression, but that doesn't mean one can go on hurting others. This is a country of diversity, so one needs to be cautious before making such submissions.' The next hearing is scheduled on Thursday. Panoli's counsel argued in court that 'interim relief should be granted as Sharmistha and her family have cooperated with police, and she is unwell. The arrest is illegal.' The counsel said, 'Whatever inquiry is required, the family and the girl are ready to cooperate. We don't even know under which case the FIR in Kolkata was filed. After the post, members of that community threatened the petitioner with dire consequences and outraged her modesty. She filed two complaints with the Kolkata cyber cell, but no action has been taken.' Meanwhile, the State's counsel submitted, 'Notices were served to the girl, but there was no response, which led to the issuance of an arrest warrant.' The High Court said, 'We are a country of remarkable diversity, with people from different cultures. One must be cautious before making any comments. The State should be allowed to present its case. The Court is inclined to review the materials collected by the State so far. The jail authorities must ensure that basic amenities are provided to her.' State counsel Arko Kumar Nag told The Indian Express, '… The lower court had already refused bail. There was no (earlier) direction to produce the case diary… since this matter was served to us today, we will follow the court's orders.'
New Indian Express
5 hours ago
- General
- New Indian Express
‘Free speech doesn't mean hurting sentiments': Calcutta HC denies interim bail to influencer Sharmistha Panoli
The Calcutta High Court on Tuesday denied interim bail to social media influencer Sharmistha Panoli, who was arrested on May 30 for allegedly hurting religious sentiments in a video related to Operation Sindoor. The court also directed the West Bengal government to produce the case diary in connection with Panoli's arrest on June 5, when her interim bail prayer will be heard again. The vacation bench of Justice Partha Sarathi Mukherjee directed that the Garden Reach police station case in connection with which Panoli was arrested will be investigated, while proceedings in all other FIRs in this regard will remain stayed till further orders. Justice Mukherjee observed that one must be careful in making comments in public in a diverse country like India. "The sentiments of a section of the people of our country have been hurt. We have freedom of speech but that does not mean you hurt sentiments of others. Our country is full of diversity. our Country is diverse, with all persons from different caste, creed, religion, etc... We must be cautious by saying this," the judge remarked. The also court said that the state will ensure that no further case will be registered on the alleged action of Panoli. Petitioner Panoli's lawyer claimed that no offence is made out in the complaint filed against her for allegedly making some remarks on social media during the Operation Sindoor against Pakistan. He claimed that there was a war of words on social media between users across India and Pakistan during Operation Sindoor, which was undertaken by India in response to the Pahalgam terror attack that claimed the lives of 26 men, most of whom were tourists. It was stated that the complaint before the Garden Reach police station in Kolkata claimed that Panoli's comments on social media hurt the religious sentiments of the Muslim community and caused disharmony among people. He prayed for quashing of the FIR against Panoli and sought grant of bail to her, claiming that no notice was served to her for appearing before the police for investigation into the complaint. Panoli's lawyer, stating that the complaint does not specify what had been said in her social media comments, claimed that it does not disclose any cognisable offence. He stated that the complaint was filed on May 15 and two days later, a warrant of arrest was obtained by the police. He submitted before the court that Panoli's family had also complained to the police that she was under threat and that the alleged offensive post had been taken off from the social media on May 8 after having posted it on May 7 night. The law student was arrested by the Kolkata Police from Gurugram, and was remanded to judicial custody by a Kolkata court till June 13. It was claimed by her lawyer that at least four FIRs were filed in different police stations in the state. Appearing for the state, senior advocate Kalyan Banerjee submitted that the complaint contains cognisable offence and that the alleged post contained an offensive video apart from text. He stated that Panoli's bail petition was rejected by the magistrate of the lower court and was remanded to judicial custody. (With additional inputs from PTI)
The Hindu
5 hours ago
- General
- The Hindu
Calcutta High Court grants bail to murder accused citing Article 21 of Constitution over trial delay
The Calcutta High Court has granted bail to two murder accused undertrials on the ground of right to life under Article 21 of the Indian Constitution as they have been incarcerated for more than 12 years. The two — Munna Dhali and Nabu Dhali, along with two others, are accused of murder of four persons in 2012 at Thakurpukur police station area in West Bengal's South 24 Parganas district and have been awaiting completion of trial in the case. "Without touching the merits of the case and solely on the anvil of Article 21 of the Constitution of India, prayer for bail is allowed," Justice Suvra Ghosh said in the judgement delivered on May 15. While one other accused Rajesh Das was granted bail on similar grounds earlier, other accused Sattar Mondal had been refused bail on the ground of gravity of the offence and earlier rejection of bail. They were accused of murdering their employer Dipak Bhattacharya, owner of a local cable television business, his mother and two maids on September 6, 2012, at their residence at Biren Roy Road under Thakurpukur police station area. All the four accused were arrested on September 9. Justice Ghosh noted that the petitioners Munna Dhali and Nabu Dhali approached the court with a prayer for bail for the first time after being incarcerated for more than 12 years. The Judge also noted that though the prosecution undertook to examine five more witnesses within the next two months from February 24 this year, there has been no further progress in trial since then. Justice Ghosh directed that the petitioners be released on bail upon furnishing bonds of ₹10,000 each, with two sureties of like amount each, one of whom must be local. She also directed accused Munna Dhali and Nabu Dhali to appear before the trial court on every date of hearing and not to intimidate witnesses or tamper with evidence in any manner whatsoever.
