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First bandh, then lawyers’ ceasework, judiciary worst hit in Darjeeling agitation

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  • The ceasework being observed by around 200 practicing lawyers in the three hill subdivisions in Darjeeling has crippled the judicial system in the region. The bar association of Darjeeling, Kurseong and Kalimpong courts decided to cease work from June 23 in protest against a resolution passed by the Siliguri Bar Association regarding transfer of cases related to matrimonial and insurance matters to Siliguri court from Darjeeling.

    The lawyers have also joined the Gorkha Janamukti Morcha’s call for boycott of all government offices in support of the Gorkhaland agitation.

    The stalemate has deprived thousands of litigants from judicial redress. According to official sources, in Darjeeling court, over 200 criminal cases have piled up, let alone the civil matters. Trials of various cases in session’s court at Darjeeling and sub-divisional courts have been postponed indefinitely. Those under custody are unable to move bail petitions as the court staff have refused to attend office.

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    “I can’t give you an exact number of accused under police and judicial custody who could file bail petitions, but there are certainly people who are denied the opportunity,” said Darjeeling SP Rahul Srivastav.

    Chairman of West Bengal Bar Council Arun Sarkar said, “The fundamental rights of the litigants are not being protected here as the door of justice is closed. It is a constitutional crisis prevailing in the three hill sub-divisions.” Sarkar pointed out that the Calcutta High Court has already issued an administrative order asking the state Government to restore normalcy in the judiciary.

    Meanwhile, Darjeeling District Magistrate Rajesh Pandey has initiated discussions with the two bar associations to resolve the deadlock.

    Anand Verma, vice-president, Darjeeling Bar Association, claimed that the Siliguri Bar Association took the resolution to transfer the cases without consulting them. He also accused the Siliguri bar association of trying to cripple the district courts with a motive to shift them from Darjeeling to Siliguri. “We want to an assurance from the state Government that the jurisdiction of Darjeeling court on matrimonial and insurance matters would not be shifted to Siliguri court,” he demanded.

    Denying Verma’s accusation, Sahadev Ghosh, president, Siliguri Bar Association, claimed that the resolution to transfer cases was passed because the district judges’ court at Darjeeling was shut down following the bandh called by the Gorkha Janmukti Morcha, demanding a separate state.

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