State raises preliminary objection citing Supreme Court precedent; Court directs respondents to file detailed affidavit-in-opposition; matter listed for urgent hearing
In a significant procedural ruling on October 20, 2026, the Division Bench of the Calcutta High Court, comprising Chief Justice Ravindra V. Ghuge and Justice Md. Shabbar Rashidi, emphasized the primacy of examining the maintainability of a Public Interest Litigation (PIL) before delving into its merits. The PIL in question was filed by Surajit Mondal against the State of West Bengal and others.
During the hearing, senior advocates representing both sides presented their arguments. The State, represented by Senior Government Pleader Mr. D.N. Ray and Senior Government Advocate Mr. Anindya Basu, raised a preliminary objection challenging the maintainability of the PIL. Their submission was grounded on the authoritative Supreme Court judgment in State of Jharkhand v. Shiv Shankar Sharma, (2022) 19 SCC 626, which provides guidelines on the threshold for entertaining PILs.
The Court granted the respondents liberty to file a specific affidavit-in-opposition addressing the maintainability issue with proper pagination, ensuring it is integrated with the petition's pagination for clarity and procedural coherence. The respondents are required to file this affidavit by November 20, 2026, and must serve a copy on the petitioner's counsel within 24 hours.
In response, the petitioner's counsel, led by Senior Advocate Mr. Kalyan Bandopadhyay, indicated the intention to file a rejoinder affidavit, which the Court permitted to be submitted by November 30, 2026. This rejoinder must also comply with the pagination continuity for ease of reference.
The Court made it clear that the maintainability question is a threshold issue that will be decided before any other substantive issues are considered. Only if the PIL is found maintainable will the Court proceed to examine the merits of the case.
In light of the procedural schedule agreed upon by the parties, the matter has been listed under the `Urgent Admission Category' for December 11, 2026, ensuring expedited consideration.
This ruling underscores the judiciary's cautious approach in vetting PILs, balancing the need to protect public interest litigation as a tool for justice while preventing frivolous or non-maintainable petitions from clogging the judicial system.
Bottom Line:
Public Interest Litigation - Objection as to maintainability raised by State - Court directed respondents to file specific objection on maintainability along with affidavit-in-opposition - Court to first decide maintainability of PIL before considering merits.
Statutory provision(s):
Public Interest Litigation
Surajit Mondal v. State of West Bengal, (Calcutta)(DB) : Law Finder Doc Id # 2999798
