Vakil Help Desk News: the Calcutta High Court has declined urgent relief in a writ petition alleging a custodial threat to a person in police custody, directing that the matter be placed before the regular bench after reopening.
Vakil Help Desk News, Litigation & Courts. The Calcutta High Court has declined to grant urgent relief in a writ petition alleging a custodial threat to a person already in police custody, directing instead that the matter be placed before the regular bench after the court reopens. A vacation bench of Justice Saugata Bhattacharyya heard the plea in Susmita Ghosh v. State of West Bengal & Others.
The petitioner, the wife of the person in custody, sought the constitution of an independent special investigation team, supervised by a retired judge, to probe alleged custodial intimidation and coercion. The State submitted that the person was already in custody and that the investigation was under way.
The Court did not record any findings on the merits of the allegations and declined urgent interim relief, leaving the matter to be considered by the regular bench in due course.
What this means for you
Courts weigh urgency carefully before granting interim relief; serious allegations are examined by the regular bench on their merits rather than on an urgent basis.