Jyotipriya Mallick v. Enforcement Directorate Kolkata Zone 1 Kolkata

15.12.2023 item No.15 Rakib (PA) ct. no. 34

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE CRR 4760 of 2023 Jyotipriya Mallick.

Vs Enforcement Directorate.

In Re: An Application under Sections 397/401 read with Section 482 of the Code of Criminal Procedure, 1973;

Mr. Milon Mukherjee, Sr. Adv.

Mr. Debasish Roy, Mr. Abhijit Dey Joardar, Mr. Avik Ghatak, Mr. Soham De Dhara.

.... For the Petitioner.

Mr. Dhiraj Trivedi, Ld. DSGI, Mrs. Debjani Ray, Ms. Swapna Jha, Ms. Sohini Dey.

.... For the Respondent.

The Commandant of the CRPF having its jurisdictional authority over Kolkata and North-24-Parganas would as per requisition made by the Assistant Directorate and/or the Investigating Officer of the Enforcement Directorate, in-charge of ECIR/KLZO-I/04/2022 depute CRPF Personnel at SSKM Hospital for the purposes of security of the petitioner namely, Jyotipriya Mallick. The CRPF Personnel so deputed will maintain a visitor's register and will have the authority to restrain any person from entering the petitioner's cabin/bed or wherever he has been kept for treatment at SSKM Hospital. In case any person is restrained by the CRPF authorities, the CRPF authorities would be at liberty to communicate with the investigating officers of the case whose

phone numbers would remain available to the CRPF Personnel and according to the discretion of the investigating officers the entry and exit at the cabin or the place of treatment at SSKM Hospital would be monitored.

In case any CCTV has been installed inside the patient's cabin pursuant to the order of Special Court and the Hospital authorities are normally not installing such CCTV for other patients, such CCTV cameras should be removed from inside the cabin by the Hospital Authorities.

So far as the common passage is concerned where CCTV cameras have been installed or if they are already available, in that case the CCTV footages may be shared with the investigating officers of the case as and when he/they want the same. The aforesaid order would be implemented on and from 16th December, 2023.

So far as the aforesaid issues, particularly, with regard to the security and the CCTV camera is concerned, the order passed on 30.11.2023 by the learned Judge, Special (CBI), Court No.1, Calcutta (In-Charge) is kept in abeyance till further orders. Rest of the issues passed by the learned Special Judge will remain in force. With the aforesaid observations CRR 4760 is disposed of. Pending connected application, if any is consequently disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)