Kolkata: The National Commission for Women (NCW) is a creature of statute, it cannot assume the jurisdiction of a constitutional court, submitted senior counsel to Birbhum SP Amandeep to the Calcutta High Court on Wednesday. This was in response to the NCW's order to add additional sections to the case relating to the alleged derogatory remarks made by Trinamool's Anubrata Mondal during a telephonic conversation with the woman police officer.
Senior counsel Biswaroop Bhattacharya questioned how could NCW interfere with an ongoing police investigation and summon the Birbhum police officer to Delhi with the case diary.
"The NCW has no jurisdiction over criminal proceedings, which is a state subject. The NCW seems more interested in settling scores with the state and has gone beyond its jurisdiction to conduct a motivated inquiry," Bhattacharya submitted to the court of Justice Tirthankar Ghosh.
| Gold Rates Today in Kolkata | Silver Rates Today in KolkataBhattacharya, in support of his argument, cited several Supreme Court orders, including one in 2020 in which the apex court cited the "Maniruddin Byapari principle" ruled by the Calcutta High Court in the 40s, and held that a commission can make recommendations to the govt. "Even the Human Rights Commission, which has wider powers, cannot do anything and everything," Bhattacharya said.
The senior counsel pleaded that the NCW, in its order on July 14 digressed from the statute and interfered with police regulations in Bengal by asking the police to place the case diary.
Deputy solicitor general Rajdeep Majumdar will present his arguments on behalf of the NCW during the next hearing of the matter on Aug 18.
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