Smarajit Roychowdhury And ANR v. Union Of India And ORS

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION (Original Side) WPO (P) 7 of 2021 (Through Video Conferencing) Pronounced on: 29/09/2021 SMARAJIT ROYCHOWDHURY AND ANOTHER .....Applicant(s) Through : Mr. Smarajit Roychowdhury (in person), Mr. Manabendra Nath Bandopadhyay, Mr. Ajit Kumar Mishra, mr. Abhishek Acharya, Advocates v/s UNION OF INDIA AND OTHERS ....Respondent(s) Through : Mr. Y.J. Dastoor, ASG, Mr. Phiroze Edulji, Ms.

Amrita Pandey, Advocates Mr. Amitesh Banerjee, Sr. Standing Counsel, Ms.

Ipsita Banerjee, Advocate ...for State of W.B.

Coram : HON'BLE MR. JUSTICE RAJESH BINDAL, CHIEF JUSTICCE (ACTING) HON'BLE MR. JUSTICE RAJARSHI BHARADWAJ, JUDGE

O R D E R

1.

Present petition has been filed, inter alia, praying for a direction to form an enquiry commission to go into the reason of death of Dr. Syama Prasad Mukherjee. He died on June 23, 1953.

WPO (P) 7 of 2021 2.

A petition filed 70 years after the death of Dr. Syama Prasad Mukherjee, cannot be entertained for holding enquiry or appointment of a commission as neither the record therefor nor any person may be available who may throw any light on that. It may be merely an exercise in futile. 3.

The present petition is accordingly dismissed. RAJARSHI BHARADWAJ RAJESH BINDAL JUDGE CHIEF JUSTICE (ACTING) KOLKATA 29/09/2021 PA (SG)