The court was hearing a petition by an accused in a fake Covid vaccine case who has alleged that he was a government official working at the behest of the state government led by Mamata Banerjee.
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TODAY, the Calcutta High Court heard a petition that alleges that the petitioner organised Covid vaccine camps in and around Kolkata at the behest of the state government led by Mamata Banerjee.
The petitioner, one Debanjan Deb, is accused of peddling fake vaccines at these camps.
Justice Jay Sengupta heard the writ petition in Debanjan Deb versus State of West Bengal and Ors making serious allegations against the Chief Minister of West Bengal and several other senior officials.
In the writ petition, Debanjan Deb has submitted that in 2015 he was appointed as the chief executive officer (CEO) of the Information and Cultural Affairs Department, government of West Bengal.
He further submits that he joined the department after qualifying exams conducted by the West Bengal Public Service Commission.
By virtue of a notification dated August 5, 2019, issued by the then additional chief secretary, Alapan Bandopadhyay, the petitioner was also granted legal immunity for acts and deeds done while performing his duties, claims the petition.
The Information and Cultural Affairs Department is headed by the Chief Minister of West Bengal personally. The petitioner claims to have received a letter of commendation from Mamata Banerjee when he joined the department.
The petitioner submits that he was appointed the additional chief secretary as per a notification issued by M.K. Agarwal, principal secretary, government of West Bengal.
The petition alleges that in 2020–21, when West Bengal was in the grip of the deadly coronavirus, the petitioner used to liaison with various departments of the state.
Amongst other activities, he helped the Kolkata Municipal Corporation to organise a plethora of vaccination camps in and around Kolkata. The petitioner also provided hand sanitisers and masks in his camps.
The petition also states that for the commendable work that the petitioner had done, he had received letters of commendation from various political personalities such as Buddhadev Bhattacharya, the former Chief Minister of West Bengal and the former leader of Opposition of West Bengal legislative assembly Surjya Kanta Mishra.
He received a letter of appreciation from the Chief Minister Mamata Banerjee as well as from the Prime Minister of India Narendra Modi.
But things turned sour for the petitioner when it was found that the vaccination drive that he was conducting was involved in supplying fake vaccines to the people at large.
Thereafter, there was hue and cry and the petitioner, along with several other people, was arrested in June 2021. It was only in November 2023 that the petitioner was granted bail by the Calcutta High Court.
The writ petition alleges that the investigation conducted by the Kolkata police was faulty, incomplete and done with a motive to protect those who are at the helm of affairs.
Senior advocate Bikash Ranjan Bhattacharya, appearing virtually for the petitioner stated that the sole purpose of filing the writ petition is to ensure that a "proper investigation is done in the case".
To which the judge responded, "But you are an accused in the case, how can you choose an investigating agency?"
Bhattacharya replied, "My lord, the report of the Enforcement Directorate fortifies my contention."
The judge again asked, "As of now, the materials are against you, why are you coming now?"
"I have been released from custody in November, my allegations are against government officials," Bhattacharya responded.
Advocate Sabyasachi Chatterjee, for the petitioner, read out a paragraph of an Order passed by the Central Bureau of Investigation Court, Bichar Bhavan, Kolkata which reads as follows:
"Rest of the matter will be considered for the trial and the trial is going to be backed by solid documentary evidence which may reveal that Debanjan Deb is an influential person and had deep rooted connections in the state government and the Trinamool Congress (TMC) party.
"As huge number of correspondences have been seized and verified by the Enforcement Directorate which unfolds the connections between him and the important political players of West Bengal such as Mamata Banerjee, Abhishek Banerjee [general secretary of the TMC], Firhad Hakim (mayor of Kolkata) and other important ministers and administrative officers of the state government and the Kolkata Municipal Corporation.
"Electronic evidence also uncovered that Debanjan Deb worked both for the state government and the Trinamool Congress."
The petitioner prayed that security be provided to him and his family since the stakes in the case were very high.
While keeping the question of maintainability open and concluding the arguments for the day, the judge in his Order noted, "It does not appear that there is any imminent threat to his life. Therefore, the court finds no reason to grant him police protection."
The matter shall be heard again on January 19, 2024.
Click here to read the petition.