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Calcutta, Dec. 1: Mamata Banerjee may have said today that, if necessary, she will move the Supreme Court for a ?review? of the Calcutta High Court order, but legal circles pointed out that the route to the apex court may be tricky.
After staying away from the high court proceedings on the bandh issue and refusing to accept its summons, it would be difficult for the Trinamul Congress chief to file a special leave petition against the high court order.
Legal experts said to move such a petition, Mamata would have to be a party to the case and show herself as the ?aggrieved party?. But Trinamul has repeatedly refused to be made a party to the case.
?In the normal course, Mamata would have had to be a party to the case to move the apex court for a review of the high court?s order,? said advocate Supradip Roy. ?But this is clearly not the case here.?
This is perhaps why party MLA and convener of Trinamul legal cell Arunava Ghosh today said: ?We are not moving any application against the high court directive as the copy of the order, as published in newspapers, has not reached our party office yet.?
Legal circles pointed out that Trinamul can at best move a petition in the apex court saying the high court had passed an order detrimental to its interests in its absence.
?The operative part is that the court has passed an order in Trinamul?s absence,? said advocate Saradindu Biswas. ?Though it is difficult for the party chief to challenge the order, she can move a fresh petition before the Supreme Court as the high court passed the order in her absence.?
The other option left to Trinamul, legal experts said, was to approach the high court division bench of Justices Pratap Roy and Jyotirmoy Bhattacharya after the bandh and say the party could not be represented in the case as it did not receive any intimation from the court.
?The party chief can file an affidavit on December 7 saying she was completely in the dark about the high court directive and so the issue of submitting compliance report does not arise,? said a Trinamul leader.
The high court wants Trinamul to file the compliance report on December 6 detailing what it has done to call off the bandh.
Lawyers close to the party said the ?wisest? option would be to move the high court before the bandh and say what they have called for is not a ?bandh? but a ?general strike? and that it would be peaceful. This would serve twin purposes: Trinamul would become a party to the case and the assurance of peace may persuade the court to take a lenient view.
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