Justice Prakash Shrivastava has been a part of the legal profession for more than 30 years. As Justice Shrivastava retires today as Chief Justice of Calcutta High Court, it is only appropriate that to take look back at his life and career to see that what made him an integral part of the legal fraternity.
Early Life and Advocacy
Justice Prakash Shrivastava was born on 31-03-1961. He was enrolled as an advocate on 02-02-1987 and focused his practice in the field of Taxation Law, Civil Law and Constitutional Law in the Supreme Court of India.1
Judgeship
Justice Prakash Shrivastava was appointed as a Judge of Madhya Pradesh High Court on 18-01-2008 and became Permanent Judge on 15-01-2010.
On 06-07-2015, he was appointed as the Commissioner for the Welfare of the Victims of Bhopal Gas Leak Disaster for a period of one year by the Central Government2.
Justice Shrivastava was sworn in as the Chief Justice of Calcutta High Court on 11-10-2021 and the oath was administered by the then Governor Jagdeep Dhankar at the Calcutta High Court.3
Notable Decisions and Observations by Justice Shrivastava
Calcutta High Court | State has no power to appoint, reappoint, extend tenure; Court sets aside appointment of Vice Chancellors of 29 universities
A Division bench comprising of Prakash Shrivastava, CJ., and Rajarshi Bharadwaj, J., held that UGC Regulations provide that a VC should be appointed by a ‘search committee’ comprising of a representative each of the UGC, the State University and the Governor and the state has no power to appoint, reappoint, extend tenure in this matter.
[Anupam Bera v. State of W.B4]
Calcutta High Court | Court dismisses PIL against ‘Koffee with Karan’, filed with the object “to gain publicity”
Dismissing the Public Interest Litigation (PIL), a division bench consisting of Prakash Shrivastava, C.J. and Rajarshi Bharadwaj, J. held that no case is made out to entertain this PIL as the object of filing the present PIL is to gain the publicity.
The Court observed that,
“Public interest litigation is a weapon which has to be used with great care and circumspection and the judiciary has to be extremely careful to see that behind the beautiful veil of public interest an ugly private malice, vested interest and/or publicity seeking is not lurking.”
[Nazia Elahi Khan v. State of W.B., 2022 SCC OnLine Cal 3917]
Calcutta High Court | Court directs State to hand over unclaimed body of an advocate to Bar Association for performance of last rites
While taking cognizance of a writ petition filed by a practicing advocate of this Court with the plea to hand over unclaimed body for performing the last rites to the office bearers of the Bar Association, a Division Bench comprising of Prakash Shrivastava, CJ. and Rajarshi Bharadwaj, J. directed to hand over the dead body of deceased to the petitioner without any unnecessary delay as per rule on completion of due formalities.
[Manabendranath Bandhopadhyay v. State of W.B., 2022 SCC OnLine Cal 2150]
Calcutta High Court | “There are many known heroes and unsung heroes, if everybody starts making such a claim there will not be an end”; Petition for printing Netaji’s picture on currency notes dismissed
While dismissing a petition filed for printing picture of Netaji Subhas Chandra Bose on the Indian currency in order to regard his contribution in the freedom struggle, a Division Bench comprising of Prakash Shrivastava, CJ. and Rajarshi Bharadwaj, J., held that “if everybody starts making such a claim there will not be an end.”
[Haren Bagchi Biswas v. Union of India, 2022 SCC OnLine Cal 898]
Calcutta High Court | Daughter-in-law who obtains compassionate appointment by stating that she will take responsibility of her mother-in-law is bound by that undertaking
In the present matter a 80-year-old widow approaches this Court to seek direction towards her daughter-in-law to provide for her maintenance as she had taken compassionate appointment on the death of her son, the Division Bench of Prakash Shrivastava, CJ., and Rajarshi Bharadwaj, J., held that the daughter-in-law is bound by the undertaking by which she had obtained a compassionate appointment.
[Durgabala Mdandal v. State of W.B., 2022 SCC OnLine Cal 169]
Calcutta High Court | Man in detention without trial for almost 41 years, compensation granted
The Division Bench of Prakash Shrivastava, CJ., and Rajarshi Bharadwaj, J., awarded compensation of sum of Rs 5 lakhs to a person who was remained in detention for almost 41 years without conclusion of the trial.
[UTP Dipak Joshi, In re, 2021 SCC OnLine Cal 3020]
Madhya Pradesh High Court | When can the issue relating to absence of sanction or the order of sanction being a nullity, be raised?
The Division Bench of Prakash Shrivastava* and Arun Kumar Sharma, JJ., dismissed a petition in which the issue was deciding whether the order granting sanction can be challenged at the particular stage or the objection in this regard was required to be raised by the petitioner during the trial and the issue was to be decided by the trial Court on the basis of the evidence.
[Sabit Khan v. State of M.P., 2021 SCC OnLine MP 1482]
Madhya Pradesh High Court | In case of violation of Food Safety and Standard Act, 2006 (FSSA), the provisions of NSA could be invoked?
While allowing a petition challenging the impugned order in respect of the preventive detention under S. 3(2) of the National Security Act, 1980 (NSA) for a period of three months, the Division Bench of Prakash Shrivastava* and Vijay Kumar Shukla, JJ., opined that the impugned order passed by the District Magistrate suffered from the lack of appropriate subjective satisfaction in respect of the detention of the petitioner thus it cannot sustain.
[Vijay Kukreja v. Union of India, 2021 SCC OnLine MP 964]
Madhya Pradesh High Court | Premises sealed under the provisions of GST Act upheld; Court dismisses petition
While dismissing a petition which was filed challenging a notice whereby the premises of the petitioner had been sealed under the provisions of the Central Goods and Services Tax Act, 2017 (GST Act), the Division Bench of Prakash Shrivastava* and Vandana Kasrekar, JJ., held that there is no issue of arrest is involved nor any action of the respondents relating to the arrest of the petitioner has been questioned.
[Subhash Joshi v. Director General of GST Intelligence, 2020 SCC OnLine MP 3195]
Madhya Pradesh High Court | [NEET] Direction cannot be issued to open registration link in counselling after the last date
While dismissing a writ petition seeking direction to permit the petitioner to take part in counselling session for admission in MBBS course, the Division Bench of Prakash Shrivastava and Shailendra Shukla, JJ., held that petitioner was not entitled to issuance of a direction to the respondents to open the link for his registration in the counselling, however, petitioner would be entitled to register himself as per Rule 6 when the registration opens for mop up round.
[Naman Porwal v. State of M.P., 2020 SCC OnLine MP 2756]
Madhya Pradesh High Court | A party cannot be permitted to be represented through advocate without the consent of opposite party before Labour Court
Prakash Shrivastava*, J. while allowing the instant petition held that in the absence of consent or in case of opposition by a party before the Labour Court, the other party cannot be permitted to be represented through an advocate as per Ss. 36(3) and 36(4) of the Industrial Disputes Act, 1947.
[Prakash Meena v. Ultratech Cement Ltd., 2019 SCC OnLine MP 1788]
1. Chief Justice Prakash Shrivastava, Calcutta High Court
2. Commissioner for the Welfare of the Victims of Bhopal Gas Leak Disaster appointed by the Central Government, SCC OnLine Blog
3. Chief Justice Prakash Shrivastava, Calcutta High Court
4. WPA (P) 170 of 2022 with CAN 1 of 2022
Honourable Justice Prakash Shrivastava was an idol judge who never required to make any extra effort to ensure decorum in his court. He has very sound principles on all fields of law, may it be criminal, constitutional, civil or mercantile. He was one Judge with whom it never really mattered who is arguing in his court as long as submissions made are relevant for making decision of the case. As an advocate you were sure not to return disappointed from his court even when relief sought is denied. This was his unique attribute which very rare to find. He was the judge who will give you proper time to argue and satisfy the court on all legal counts. He who used to bring best out of the advocate appearing before him making them work deeper on the case. For parties as well the hon’ble Justice shri Prakash Shrivastava was a guardian of rights who was willing to unveil the hidden and supressed facts no matter what. He had that amazing sense of routing the path which is sure to separate chaff from grains. I was very fortunate among others who got the chance to appear in his court that too in my early days of practise which has done world of good to me through the learnings I received by arguing before Honourable Justice Prakash Shrivastava.