COVID-19: Calcutta HC prevents Income Tax Authority from Distribution of Seized Jewellery

Case Covered:

Ashok R. Mansata

Versus

Union of India 

Read the full text of the case here.

Facts of the case:

The prophetic words of Barack Obama, former President of the United States looms large upon us today. This present situation has arisen due to a pandemic, namely, the coronavirus that has brought to a standstill all activities around the world including our High Court.

On March 15, 2020, the Registrar General has issued a notification providing guidelines with respect to the functioning of the Court in view of the said pandemic. The same includes a direction not to pass any adverse/default orders in the case where parties are found to be absent.

Furthermore, on March 16, 2020, the Bar Council of West Bengal has also taken a decision directing its members not to take part in any judicial proceedings.

This writ petition is taken up for hearing by treating the same as on day’s list on the request made by the petitioner appearing in person.

Observations of the court:

In the prevailing situation, I am of the view that passing a writ of mandamus against the Income Tax Authorities would go against the notification issued by the Registrar General. However, keeping in mind the extra-ordinary calamity that we are combating and for the ends of justice, I request the Income Tax Authorities to stay their hands with regard to the distribution of jewelry that has been lying with them for four decades, for a limited period of time.

In light of the above, I request the Authorities to consider the representation made by the petitioner on March 11, 2020, and accordingly not release the jewelry to the private respondents for the time being.

This matter shall be taken up on March 25, 2020, at the top under the heading ‘Motion’.

The petitioner is directed to serve copies of this order passed in Court today upon all the respondents within 24 hours.

Photostat plain copy of this order duly counter-signed by the Assistant Registrar (Court) be handed over to the petitioner on the usual undertaking.

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