The Division Bench of Calcutta High Court also acknowledged the fact arise during the hearing that at the interlocutory stages of the appeal the appellate court tried to forge a kind of settlement between the parties.
The Government Of India on Tuesday appointed Justice Rajesh Bindal as the acting Chief Justice of Calcutta High Court. The appointment was made in view of the retirement of present Chief Justice Thottathil B Radhakrishnan on April 28, 2021.
The additional public prosecutor argued that the death could have been caused by inflicting a blow on the head of victim, and hence the autopsy report of surgeon does not substantiate any such assessment.
The order was passed in view of the recent covid surge and restricted functioning of the High Court as well as the Subordinate Courts in the West Bengal and UT of Andaman and Nicobar Islands.
The Division bench of the Chief Justice Thottathil B. Radhakrishnan and Justice Arijit Banerjee also noticed “that the applicant was on bail throughout the trial. It is nobody’s case that the applicant jumped the bail or breached any condition of bail.”
The PIL said that every political party should understand that the common people are not taking it in good spirit, because saving lives should be the paramount objective of the government.
Another question raised in the petition was that if both parties agree to decide the claims afresh by such an independent arbitrator appointed by the court, whether the court can remand back the matter to the same arbitrator who delivered the award.