The petitioner’s lawyer claimed that the CM of a state cannot make such an announcement on a decision which is to be taken by the HC itself.
Kolkata: A petition was moved on Thursday before the Calcutta high court questioning the propriety of West Bengal chief minister Mamata Banerjee’s recent announcement that its circuit bench at Jalpaiguri will be inaugurated in August.
The petitioner’s lawyer claimed before Justice Tapabrata Chakraborty that the chief minister of a state cannot make such an announcement on a decision which is to be taken by the high court itself.
It is for a full court meeting of judges of the high court to make a decision on setting up of a circuit bench, petitioner’s counsel Bikash Bhattacharya submitted.
After a full court decision, the President makes a formal notification for the setting up and inauguration of a circuit bench, he claimed before Justice Chakraborty.
The petitioner cited some newspaper reports which said the chief minister made an announcement in Siliguri on July 10 that the circuit bench will be inaugurated on August 17.
Appearing for the state, Advocate General Kishore Dutta said the petition is not maintainable. The hearing was adjourned after lawyers for the high court administration prayed for time to get the records and other relevant documents with regard to the setting up of a circuit bench.
Justice Chakraborty directed that the matter would be taken up for hearing next Thursday. Chief minister Mamata Banerjee and the then Chief Justice of Calcutta high court Justice J.N. Patel laid the foundation stone for the circuit bench in September 2012 on 40 acres of land given by the state government for the purpose.