The Calcutta High Court on Friday excused a Public Interest Litigation (PIL) which looked for the evacuation of West Bengal Governor Jagdeep Dhankhar from his post.
The PIL, recorded by advocate Rama Prasad Sarkar before a division seat of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj, asserted that the lead representative was going about as the mouthpiece of the BJP and was meddling in the working of the state government and censuring its picture.
He likewise expressed that Dhankhar routinely overlooked the guide and exhortation of the Council of Ministers and lectured on all matters going from peace and lawfulness to wellbeing and training.
Hearing the matter on Friday, the division seat depended on Article 361 of the Constitution which specifies that a lead representative can’t be made responsible to any court for the activity and execution of the powers and obligations of his office or for any demonstration done or implying to be finished by him in the activity and execution of those powers and obligations. The seat likewise alluded to Article 156 which expresses that the Governor will hold office during the delight of the President for a term of five years.
Appropriately, the seat saw that in accordance with Article 361, there is a bar on the issue of notice to the lead representative in any court continuing. It was additionally noticed that such invulnerability allowed to the lead representative must be disrupted for a situation where individual mala fide has been demonstrated.
Excusing the PIL, the court highlighted that it isn’t happy with the material put on record and subsequently decided that there is no ground to give any bearings that have been petitioned God for.
