Letter seeking transfer of Justice Dutta in Sainbari case fictitious, court told

The single-member bench of Justice Dipankar Dutta of the Calcutta High Court will begin hearing the arguments in the writ petition challenging the legal validity of the judicial commission set up by the Trinamool Congress-led government to inquire into the 1970 "Sainbari" killings of Burdwan. This was decided by Justice Dutta on Monday after the Director General of Police told the court that one Lilabati Sain, who had earlier sent a letter seeking transfer of case to another bench, doesn't exist.

After going through the DGP's report on the identity of Lilabati Sain, Justice Dutta said there was no problem in hearing the case.

On June 5, Justice Dutta had received a letter from the secretariat of the Chief Justice of the High Court. The letter dated May 16, 2012 and signed by one Lilabati Sain had made some allegations in connection with the writ petition and had requested the Chief Justice to transfer the case from the bench of Justice Dutta.

Three days later, Justice Dutta directed the DGP to trace Lilabati. In the order, Justice Dutta said: "The contents of the letter are not only defamatory, but in my prima facie view, the said Lilabati Sain is in contempt." He asked the DGP to hold a a thorough probe to find out the whereabouts of the said Lilabati. "If traced, a copy of this order shall be served on her. Lilabati Sain shall be entitled to place her version to the court on June 11 when this writ petition shall be taken up," Justice Dutta said in the order.

However, DGP's report stated that it was not possible to trace Lilabati Sain as she was a fictitious person. Police contacted Sain family at Burdwan to find out the identity of Lilabati, but the members of the family told them that no one called Lilabati Sain belonged to their family, the report added.

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