1 week ago
Supreme Court Stays Calcutta High Court Order on STF Courts
West Bengal created special police stations for its Special Task Force.
It also assigned certain courts to hear cases investigated by those police stations.
The Calcutta High Court said the state government could not create this special system through executive notifications.
West Bengal challenged that decision in the Supreme Court.
The Supreme Court has temporarily stopped the high court order from taking effect.
This means the notifications are not scrapped for now.
The Supreme Court will consider the state’s appeal after seeking responses.
The STF was created to investigate serious crimes such as terrorism, organized gangs, illegal weapons and drugs.
The Supreme Court stayed the Calcutta High Court order scrapping West Bengal’s STF police-station and court notifications.
The high court had ruled that executive orders could not alter the criminal justice framework established by law.
The challenged notifications created STF headquarters police stations in Siliguri and Salt Lake.
They assigned designated courts in Bidhannagar and Siliguri to try cases investigated by those units.
The Supreme Court issued notice on West Bengal’s appeal, while the STF may continue investigating specified offences.
- Who
- The Supreme Court, the Calcutta High Court, the West Bengal government and the state’s Special Task Force are involved.
- What
- The Supreme Court stayed the Calcutta High Court order that struck down notifications creating dedicated STF police stations and assigning trial courts.
- Where
- The arrangements covered STF police stations in Salt Lake and Siliguri, with courts in Bidhannagar and Siliguri, West Bengal.
- When
- The Supreme Court issued the stay on Tuesday, August 25; the challenged notifications were issued on January 30 and February 10, 2025.
- Why
- The high court found that the state could not alter the criminal justice framework through executive orders, while West Bengal appealed that ruling.
Calcutta High Court’s View
West Bengal Government’s Position
Authority to create special structures
Calcutta High Court’s View
The state could not create exclusive STF police stations and a separate court structure through executive orders outside the framework established by existing laws.
West Bengal Government’s Position
West Bengal appealed the high court’s decision, seeking Supreme Court review of the order that struck down its two notifications.
Need for dedicated courts
Calcutta High Court’s View
The high court invalidated the notifications despite recognizing that the STF itself was validly constituted in 2019 and could continue investigating specified offences.
West Bengal Government’s Position
During the Supreme Court hearing, Chief Justice Surya Kant questioned why the high court would object to more courts in light of cybercrime and other emerging offences.
Key facts
- Supreme Court bench
- Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana
- High court order
- The Calcutta High Court’s June 19 order scrapped two West Bengal government notifications.
- Police stations
- The notifications created the Siliguri STF Headquarter Police Station and Salt Lake STF Headquarter Police Station.
- Bidhannagar jurisdiction
- The Salt Lake station was placed under the ACJM, Bidhannagar, and the ADJ Special Court for MP and MLA cases at Bidhannagar.
- Siliguri jurisdiction
- The ACJM Siliguri and ADJ-II at Siliguri were designated to try sessions cases from the STF Siliguri Police Station.
- STF mandate
- The STF was formed to combat terrorism, organized gangs, illegal arms, ammunition and drugs across West Bengal.
Quotes
Chief Justice Surya Kant
Chief Justice of India and member of the Supreme Court bench hearing West Bengal’s appeal
“With the advent of cyber crimes, etc., more courts are needed. Why should the high court have a problem with it?”
theprint.in
Sources
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