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The Supreme Court vacation bench headed by Justice MR Shah issued notice in a writ petition filed by a BJP leader seeking protection from arrest, taking into consideration of going lawyers strike in West Bengal.
Another bench comprising of Justice Arun Mishra, Justice Bhushan Ramkrishna Gavai and Justice Surya Kant did not entertain a writ petition filed by former Kolkata Police Commissioner Rajeev Kumar who had sought protection from arrest.
Justice Aniruddha Bose and Justice Ajjikuttira Somaiah Bopanna. The bench observed:
"It is very unfortunate that the strike is going on in all the courts in the State of West Bengal and due to which, ultimate sufferers are the litigants. By such a strike, the entire judicial function cannot be made paralyzed and the litigants cannot be allowed to be suffered. Therefore, as such, a day has come to stop such illegal strike. We hope and trust that wiser counsel will prevail. The Bar Council/concerned Bar Associations may look into the matter with all seriousness."
While the Other bench comprising of Justice Arun Mishra, Justice Bhushan Ramkrishna Gavai and Justice Surya Kant did not entertain a writ petition filed by former Kolkata Police Commissioner Rajeev Kumar and Observed:
"A petition under Article 32 of the Constitution of India cannot be said to be maintainable as the petitioner has also filed an application for extension of time before this Court. A bench of Hon'ble the Chief Justice of India, Hon'ble Mr. Justice Deepak Gupta and Hon'ble Mr. Justice Sanjiv Khanna, on 17.05.2019, has passed an order, which is at page Nos.155-162 of this petition. In view of the aforesaid, a petition under Article 32 of the Constitution of India should not have been filed. Be that as it may, since it is open to the petitioner to approach the concerned Court, as the Courts in the State of West Bengal are functioning, appear in person and seek the remedy before the concerned Court. With the liberty to seek remedy to approach the concerned Court in the State of West Bengal, this writ petition is disposed of."
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