DR. SANTANU CHATTOPADHYAY vs HON’BLE JUSTICE JOYMALYA BAGCHI & ORS.

This application arises out of the writ application filed under Article 226 of the Constitution of India. The writ application is in the nature of a

“Public Interest Litigationâ€​. The petitioner Dr. Santanu Chattopadhyay is appearing in person before us.

After hearing Dr. Chattopadhyay on March 26, 2018 and April 2, 2018, we requested Dr. Chattopadhyay to restrict his argument initially with regard

to the maintainability of this writ application as it appeared before us prima facie upon consideration of the contention in the writ application as also the

prayers made therein that the subject matter of challenge in this writ application was an individual cause of the petitioner and further the subject

matter of challenge in this writ application is an order dated December 12, 2017 passed by a coordinate bench of this Court consisting of the

Hon’ble Justice Joymalya Bagchi and the Hon’ble Justice Rajarshi Bharadwaj dismissing the writ application in the matter of Dr. Santanu

Chattopadhyay Vs. The Hon’ble The Acting Chief Justice of High Court & Ors. (In re|: W.P. 26643(W) of 2017). There was another reason to

request Dr. Chattopadhyay to argue on the scope of maintainability of this writ application as the reason for making as many as three learned Judges

of this High Court as party respondents to the writ application including the Hon’ble Acting Chief Justice and further impleading the learned

Registrar General of this High Court, the learned Registrar Administration, the Deputy Registrar(Administration) of this High Court, the Hon’ble

Prima Minister of India, the Hon’ble Cabinet Minister, Minister of Law and Justice, Government of India, the Secretary(justice) Department of

Justice, Ministry of Law & Justice, Union of India and the Registrar of Supreme Court of India as party respondents to this proceeding was not clear.

At that stage a prayer was made by Dr. Chattopadhyay for adjourning the hearing of this matter, in order to enable him to file an application.

Today, Dr. Chattopadhyay appears before us with an application bearing C.A.N. 2121 of 2018 making the aforesaid high dignitaries attached to the

Government of India as also the learned judges of this High Court as also making both of us, namely, Hon’ble Justice Debasish Kar Gupta and the

Hon’ble Justice Shampa Sarkar as parties in the same. The prayers made in the above application are quoted below :-

“a) to determine the case as per u/a 226 and other mentioned articles of the Constitution and with the statutory law of this country without

derogation of the fundamental rights of the weak citizens guaranteed by the Constitution of India

AND

b) to consider the improper conductof the Hon’ble Judges with contempt of court and impede the helpless and proper petitioner from the fair

access to justice3 and fundamental right with gross injustice, bad languishment, suppression of fact, denial of affidavit of service to the Respondents

and failed to take appropriate legal action against the influential Respondent as per the law, the impugned order dated 26.03.2018 against the petitioner

must be set aside as the petitioner was duly attend to the Court on 26.03.2018.

AND

c) to kindly release the case fromthis Hon’ble Bench No.19, as the Hon’ble Judges are the added party after the helpless petitioner and

deprived victim of violence and rioting was finally affected with gross injustice, illegalities, prejudice to pamper the illegal strike and acts of the

influential respondents by deliberately contempt the court and perversely injured the bonafide petitioner and hence the helpless and deprived petitioner

apprehending further injury by injustice, illegality and capricious act from the Debalish Kar Gupta and Hon’ble Justice Shampa Sarkar, DB 3,

Court No.19 and prayed to kindly release the case without further extending further injury and kind give the petitioner reasonable and fair opportunity

to get fair justice before other Hon’ble bench.

AND

d) to consider the undetermined andunheard and suppressed suo muto PIL by order dated 16.09.2014 and Writ case W.P. 15251(W) of 2014 and

CPAN 1518 of 2014 and set aside the impugned and perverse order on 26.03.2018 and 02.04.2018 that is null and void regarding determination of the

PIL and to take appropriate measures to prevent further miscarriage of justice, deliberate legal injuries, infringement of human, democratic and civil

rights of the common and poor citizens and constitutional tort upon the helpless and deprived citizens with infringement of u/a 13, 14, 19, 21, 39A, and

226 of the Constitution.

 AND

e) to kindly consider the erratum ofthe title of the Writ case W.P. 15251(W) of 2014 and CPAN 1518 of 2014 respectively in order dated 26.03.2018

and 02.04.2018.

 AND

f) to give appropriate compensationRs.50,000/- (of Rupees fifty thousand only) to the deprived petitioner suffered with legal wrong, injustice, delay of

case, denial of u/a 14, 21, 19, 39A of the constitution due to deliberate negligence and misconduct by the public officers to denied fair access to justice

by infringement of Constitutional Rights to its citizen.

 AND

g) to pass appropriate direction inaccordance to settle law and constitution upon the public officers against their bias, unconstitutional and arbitrary act

of misusing power and misconduct without proper integrity to the duty and oath of the office without the welfare of the citizen and to safeguard the

fair proceeding and Right to Justice in accordance to the Fundamental and Constitutional Rights, doctrine of Natural Justice and settle law of the

democratic country for the interest of weak and poor citizens and litigants suffered inhumanely for extreme injustice.

  AND

h) to sympathetically consider thehelpless, deprived and poor condition of the homeless victims without any fair means of relief and security and to

kindly pass appropriate judgement or order or orders as Your Lordships may deem fit and proper for ends of fair and complete4 Justice.â€​

On perusal of the cause title of the application, we find that we have been made parties to this application in connection with the above writ

application. On further perusal of this application, we find that according to prayer “C†of this application a prayer has been made for the writ

application to be released by us since we have been made parties to this application.

According to us, this application cannot be taken up for consideration on its merit due to the simple reason that neither of us is a party to the writ

application nor any application has been made in connection with this application for impleading any of us as party to this proceeding.

Moreover, the petitioner in this application has raised a new plea to the effect that the Hon’ble Judges are pampering the illegal strike (cease

work) of the Advocates thereby causing injustice to him. In our view this is not at all the subject matter of the writ petition and cannot be urged in this

application.

We restrain ourselves from arriving at a conclusion of this desperate attempt of forum shopping at the behest of the petitioner, by releasing this matter

from our list, when, especially Dr. Chattopadhyay has failed to satisfy us with regard to the maintainability of this writ application. We are, however,

reserving our observation in respect of Dr. Chattopadhyay, as we are aware that he has no knowledge about law and legal procedure. However, the

application being C.A.N. 2121 of 2018 is misconceived.

Due to the reasons discussed hereinabove, there is no bar and/or impediment for us to dismiss this application repeating and reiterating the

observations that this application is not maintainable in connection with the above writ application W.P. 4251(W) of 2018 since none of us is a party to

the writ application.

This application stands dismissed.

There will be, however, no order as to costs.

 In re: W.P.4251(W) of 2018 Let the affidavits of service filed by the writ petitioner, Dr.Santanu Chattopadhyay, be kept on record.

The relevant portion of the cause title of the writ application is quoted below in order to demonstrate who the parties to this proceeding are.

 “1. Hon’ble Justice Joymalya Bagchi, The High Court at Calcutta. 3, Esplanade Row West, Kolkata700001.

Through the office of Ld. Registrar General High Court.

Hon’ble Justice Rajarshi Bharadwaj, The High Court at Calcutta. 3, Esplanade Row West, Kolkata-700001.

Through the office of Ld. Registrar General High Court.

Hon’ble Acting Chief JusticeJyotirmay Bhattacharya, The High Court at Calcutta. 3, Esplanade Row West, Kolkata-700001. Through the

office of Ld. Registrar General High Court.

Smt. Madhumita Mitra, the Registrar General, The High Court at Calcutta. 3, Esplanade Row West, Kolkata-700001.

Through the office of Ld. Registrar General High Court.

Mr. Rabindranath Samanta, theRegistrar Administration, The High Court at Calcutta. 3, Esplanade Row West, Kolkata-700001. Through the office

of Ld. Registrar General High Court.

Mr. Debasish Banerjee, the Deputy Registrar Administration, The High Court at Calcutta. 3, Esplanade Row West, Kolkata-700001. Through the

office of Ld. Registrar General High Court.

The High Court at Calcutta. 3,Esplanade Row West, Kolkata-700001.

The Prime Minister of India, TheMinistry of Personnel, Public Grievances and Pensions South Block, Raisina Hill, New Delhi-110011.

Hon’ble Cabinet Minister,Minister for Law and Justice, 4th Floor, ‘A’ Wing, Shashtri Bhawan, Rajendra Prasad Road, New Delhi, PIN-

110001.

The Secretary (Justice),Department of Justice, Ministry of Law and Justice.Jaisalmer House, 26, Mansingh Road, New Delhi-110001.

The Union of India. (Through Ministry of Law And Justice, 11, Strand Road, Kolkata, West Bengal 700001)

The Registrar, Supreme Court ofIndia, Tilak Marg, New Delhi- 110201.â€​  …Respondents

This writ application is filed by  the writ petitioner, Dr. Santanu Chattopadhyay, by way of “Public Interest Litigationâ€. The prayers made in this

writ application are quoted below in order to demonstrate the relief sought for in this writ application.

“a)to determine the case as per u/a 225 and 226 of the Constitution and the statutory law of this country without derogation of the fundamental

rights of the weak citizens guaranteed by the Constitution of India.

AND

b) to consider the undetermined and unheard Writ case W.P. 26643(W) of 2017 abnd set aside the impugned and perverse order ib 12.12.2018 that is

null and void and call for all the records before this Writ Court regarding unheard cases and appeals with respective application under fair procedure

of settle law and Constitution, for fair adjudication of facts in accordance to settle and the Constitution of India and to take appropriate measures to

prevent further miscarriage of Justice, deliberate legal injuries, infringement of human, democratic and civil rights of the common and poor citizens and

constitutional tort upon the helpless and deprived citizens with infringement of u/a 13, 14, 19, 21, 22, 38, 39A, 44, 51A, 52, 53, 74, 78, 300A, 208 and

226 of the Constitution.

 AND

c)to pass appropriate direction in accordance to settle law and constitution upon the public officers against their bias, unconstitutional and arbitrary act

of misusing power and misconduct without proper integrity to the duty and oath of the office without the welfare of the citizen and to safeguard the

fair proceeding and Right to Justice in accordance to the Fundamental and Constitutional Rights, doctrine of Natural Justice and settle law of the

democratic country for the interest of weak and poor citizens and litigants suffered inhumanely for extreme injustice.

  AND

d)to kindly consider the unavoidable Constitutional crisis in the present judicial system with extreme arbitrary act and shattering confidence of common

citizens with beach of fundamental and constitutional rights and finally failing the mission and vision of fair Justice, installation of mandatory

surveillance system, the CCTV in all courtroom as per the Supreme court order in pradyuman Bisht vs Union of India on 13.02.2018 to protect the

human rights, dignity and fair scope of Justice to the helpless and weak citizen from any capricious and haughty act in contrary to integrity of public

duty by some public officers, administration of judicial system, failed to check large numbers of impugned judgements and orders and aberrantly

pushing the cases to higher court with palpable injustice, no urgent grievance management system against injustice and arbitrary procedure of judicial

management with marginally and prejudice and misusing of law by knowingly the complexity of moving the erred Judges, without fair enquiry,

investigation and redressal of grievances against influential public offers disobeying their moral and fair duty with impugned judicial act, injustice and

legal injuries and in such crisis condition it emerge the urgent need of National Judiciary Committee and fair act in the matter by the legislatives for the

protection of the fundamental rights of the citizens and public interest with referendum against the present inert collegiums system of the apex court

failed to secure the internal order administration situation, corruption and misconduct and infringing the fundamental rights of the weal citizens and fair

administration and unnecessary inviting chaos by decline the image of the institutions.

 AND

e)to take immediate action to protect the interest of the citizen and litigants for Right to Justice against illegal and unconstitutional strike in the Writ

Court pampering by some public officers with inaction for their bad personal interest without the duty and integrity and oath to office also it is also fact

with unconstitutionally order and gravely injuring the common citizens with injustice and torture with derogation to fundamental rights and emerging the

emergency condition and Presidential action to secure the interest of weak and common citizens guaranteed by the Constitution.

  AND

f)to sympathetically consider the helpless, deprived and poor condition of the homeless vicitms without any fair means of relief, compensation and

security that is mandatory as per the settle law of the country and by considering the long legal injury of four years with illegal suppre3ssion of the

cases, fair investigation and legal injury upon the helpless, homeless, deprived victims and kindly direct the Union of India a compensation of Rupees

four lakhs only for deliberate legal injuries and wrongs for continuous four years upon the helpless petitioner without fair means of legal aid and to

secure fundamental rights by the public officers act extra judicial with contrary to settle law and constitution of the country.

 AND

g)to sympathetically consider the helpless, deprived and poor condition of the homeless victims without any fair means of relief and security and to

kindly pass appropriate judgement or order or orders as Your Lordships may deem fit and proper for ends of fair and complete Justice.

And your petitioner as in duty bound shall ever pray.

This matter was initially argued before us by Dr. Chattopadhyay, the writ petitioner in person, on March 26, 2018. The matter was argued once again

on April 2, 2018, like earlier occasion and today also, we repeatedly requested Dr. Chattopadhyay to give reply to the following queries :-

i) Why the writ application should not be discussed in limine because the subject matter of challenge as it appears from the averments in this writ

application and the annexures thereto as also the prayers made therein, is an order dated December 12, 2017 passed in connection with a matter ofÂ

Dr. Santanu Chattopadhyay Vs. The Hon’ble The Acting Chief Justice of High Court & Ors. (In re|: W.P. 26643(W) of 2017). So, any appeal

against the aforesaid order should be filed before the appropriate Court as a fair and proper procedure for the petitioner to avail? ii) Since the writ

application contains, statements and prayers relating to individual cause of the writ petitioner and his private interest how a writ application in the

nature of Public Interest Litigation is maintainable?

iii) Under what circumstances a number of constitutional dignitaries, i.e. three learned judges including the Hon’ble Acting Chief Justice the

learned Registrar General of this High Court and the learned

Registrar Administration and Deputy Registrar (Administration) of this High Court, the Hon’ble Prima Minister of India, the Hon’ble Cabinet

Minister, Minister of Law and Justice, Government of India, the Secretary (justice) Department of Justice, Ministry of Law & Justice, Union of India

and the Registrar of Supreme Court of India have been parties to this proceeding?

It is submitted by Dr. Chattopadhyay that when a person having no knowledge about law is to appear before a Court of law, it is the duty of the Court

to frame substantial question of law, granting liberty to the petitioner to give written reply to the same. As a consequence Dr. Chattopadhyay has

failed to give reply to the aforesaid queries in course of his argument. We do not find answer to any of the aforesaid questions even today.

We are afraid to accept the submissions made by Dr. Chattopadhyay that there is any bar and/or impediment to argue the matter in a Court relating to

Public Interest Litigation filed under Article 226 of the Constitution of India. Since satisfactory reply to any of the aforesaid questions was not

available before us in spite of repeated requests to the petitioner Dr. Chattopadhyay, we have no other option but to dismiss this writ application with

the observation that this writ application is hopelessly misconceived.

Before parting we should therefore throw some light upon another aspect of the matter. From the cause title of the writ application and contents of the

writ

application many constitutional dignitaries, namely three Hon’ble Judges of this Court including the present Hon’ble Acting Chief Justice and

two Union Ministers including the Hon’ble Prime Minister of our Country have been made parties to this proceeding apart from other dignitaries

of this High Court, Supreme Court of India and Union of India. If anybody takes trouble to go through the writ application, like us, it will not be difficult

for him to find out that Dr. Chattopadhyay is in the habit of filing one after another proceedings before this High Court and on his failure in each and

every proceeding he makes the concerned the learned judge or judges of this Court who passed the order parties in the subsequent proceeding, apart

from making the High Court dignitaries and the Union of India including constitutional dignitaries like Hon’ble Prime Minister of India parties to the

proceedings.

In spite of the above admitted facts and circumstances, we are not inclined at this stage to arrive at a conclusion that it is abuse of process of law and

a desperate attempt to interfere with the administration of justice. Though ignorance of law is no defence we cannot deny that Dr. Chattopadhyay is

not a legal expert. Therefore, at this stage, we are of the considered opinion to restrict our finding to the point that this writ application is hopelessly

misconceived with the hope and trust that after going through the observations made hereinabove and after enhancement of the knowledge of law,

and due research in the field, good sense will prevail upon to Dr. Chattopadhyay for taking appropriate steps in accordance with law for redressal of

his real grievance.

It will not be out of context to observe further that repetition of similar conduct by Dr. Chattopadhyay may cause a situation which may compel us to

arrive at a conclusion as discussed hereinabove.

This writ application is dismissed.

This will not stand in the way if the petitioner initiates an appropriate proceeding in accordance with law in respect of the subject matter of challenge

in this writ application.

There will be, however, no order as to costs.

Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis.