AI Structured Summary
Not yet generated for this judgment
Judgment
This matter was mentioned in the morning to be taken out of turn on the ground that the accused was tested COVID positive by a private hospital and
the CBI authority had issued another notice to the accused person for further COVID test at their preferred hospital. On this ground alone, the matter
was allowed to be taken out of turn upon service of notice to the learned Additional Solicitor General.
When the matter is taken up, it appears that the petitioner was taken for test to Beliaghata ID Hospital and the test has been conducted. The report is
awaiting. Now, it appears that the writ petition has been filed for quashing of the case initiated against the petitioner. It is further submitted that the
petitioner was granted transit bail upto November 9, 2020, and he was directed to be appear before the learned Special Judge, CBI Court, Asansol on
November 9, 2020. It appears that the petitioner was kept in isolation at his residence. It is further submitted that the petitioner is at his residence in
101, Kareya Road, Beckbagan, Park Circus, Kolkata.
The petitioner has two-fold prayers that the FIR which is motivated and mala fide was a fall out of a incident out of which there was another FIR
lodged earlier. That until and unless the petitioner is tested COVID negative, the petitioner should not be directed to appear before the learned Special
Judge, Asansol.
The test samples have been taken today by the Beliaghata ID Hospital. The CBI officers were present for such testing. It appears from the
memorandum produced before this Court that the two officers from the CBI were present during such testing, namely, one Mr. Biswanath
Chakraborty, Inspector and one Mr. Wasim Akram Khan, Sub-Inspector.
It is expected that the CBI authorities are aware of the address where the petitioner is residing.
If the petitioner tests COVID negative on the basis of the test conducted on November 24, 2020, the petitioner will appear before the learned Special
Judge, CBI Court, Asansol within seven days from the date of receipt of the report. If the petitioner tests COVID positive, then a further test shall be
conducted in the same manner as was done on November 24, 2020, after ten days before the Beliaghata ID Hospital, Kolkata. As and when the
petitioner tests COVID negative, he shall appear before the learned Special Judge, CBI Court, Asansol within seven days from the date of receipt of
such report.
The CBI authorities shall be entitled to monitor and be present during such tests. All parties to ensure this the order is complied with. This Court has
not expressed any opinion with regard to the other prayers in the writ petition which shall be decided after filing of affidavits. The CBI authorities shall
contact the petitioner over video conference and the petitioner will respond to the same on a regular basis. Prima facie, do not find any reason to pass
any other protective order.
Affidavit-in-opposition to be filed within four weeks from date, reply thereto, if any, be filed within two weeks thereafter. The point of maintainability
of this writ petition is kept open.
It is made clear that the learned court below shall proceed with the matter as per law without being influenced by any observations made hereinabove
and despite pendency of this writ petition.
The CBI authorities are at liberty to make daily visits to the residence of the petitioner to ensure that the petitioner does not leave the premises in the
interim period.