Sohini Dey

Constitutional Law | Criminal Law | Civil Law | Labour Law

A. Constitutional Law:

Þ Cases -

• WPO/60/2011 – Amal Chandra Das vs State of West Bengal and another.
• WPO/578/2012 – Amal Chandra Das vs State of West Bengal and another.
• WPO/1183/2013 – Purabi Das vs State of West Bengal and another.

Þ Description -

The first two of the aforesaid PILs were filed under Article 226 of the Constitution of India before the High Court at Calcutta challenging the notifications dated from March 2010 to May 2012 published by the Government of West Bengal for inclusion and sub-categorization of 77 Other Backward Classes (OBCs). The third PIL challenged the constitutional vires of some provisions of the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012.

Þ Verdict – The aforesaid PILs were upheld by the High Court at Calcutta by judgement dated 22.05.2024, quashing the OBC notifications from the year 2010 to present with prospective effect. Several sections and Schedules of the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012, as challenged, were set aside. This judgement was reported and the citation is 2024 SCC OnLine Cal 5389.

Þ My Role – For the petitioners.

• Collaborated with fellow counsels, advocates and paralegals to maximize efficiency in case management and preparation.
• Thoroughly analyzed case briefs, annexures, evidences, hearings and prepared concise notes and reports for the Court.
• Improved case outcomes by conducting thorough legal research and preparing a well-structured Final Written Notes of Arguments.
• Developed innovative litigation strategies based on extensive knowledge of the law and legal precedents.
• Delivered high-quality representation to clients in court, resulting in favorable judgment.

B. Criminal Law: Statutes – Prevention of Money Laundering Act, 2002 (PMLA), Code of Criminal Procedure,1973, Indian Penal Code, 1860.

Instances of few cases –

• WPA/802/2024 – Enforcement Directorate vs State of West Bengal and others.

Þ Description – The Enforcement Directorate (ED) was investigation into the Public Distribution System (PDS) Scam and had apprehended a cabinet minister of the State of West Bengal. The money trial led to two sitting ministers namely Sk Shahjahan and Shankar Adhyay. ED, on 05.01.2024 went to the house of Sk Shahjahan for search and seizure under Section 17 of the PMLA, 2002 with CRPF officers. There, although the house was locked from inside, nobody answered the door and the mobile phone of Sk Shahjahan was traced and the location was found to be inside his house. Shortly thereafter, a mob of 3000 people arrived with bricks, stones, lathis etc and assaulted the ED and CRPF officers. 2 FIRs by the State Police Authorities, 1 FIR by the ED were filed against Sk Shahjahan and the mobs. The accused was thereafter absconding. The aforesaid Writ Petition was filed praying for transfer of investigation of such FIRs to the Central Bureau of Investigation (CBI) as the State Police Authorities were not performing their duties as the accused was an important and influential personality of the State Government.

Þ Verdict – The Hon’ble Court decided that a Special Investigating Team (SIT) shall be constituted comprising of officers of the CBI and State Police for investigation of the FIRs.

Þ My Role – Advocate-on-Record for the Enforcement Directorate.

• Drafted legal documents, including motions, briefs, and appeals, ensuring accuracy and adherence to court requirements.
• Conducted thorough legal research and prepared notes before hearings.
• Maintained detailed records of case progress, including documentation of client interactions, evidence collection, and court filings.

• MAT/169/2024, MAT/191/2024 – Enforcement Directorate vs State of West Bengal and others, and State of West Bengal vs. Enforcement Directorate.

Þ Description – Aggrieved by and dissatisfied with the judgement in WPA/802/2024, a Memorandum of Appeal (MAT) case being MAT/169/2024 was filed praying to set aside the portion of constitution of the SIT and the investigation may be transferred to the CBI entirely. The State on the other hand had filed MAT/191/2024 challenging the same judgement praying that the investigation may remain to the State Police Authorities.

Þ Verdict – The Hon’ble Court, on 05.03.3024 decided that the investigation should be transferred to the CBI. As in course of the proceedings of this case and the suo-moto case taken up by the Hon’ble Court against the accused Sk Shahjahan, the accused was arrested (only after specific instructions of the Hon’ble Court) by the State Police and the custody was still with them, the Court had decided that the custody of the accused shall be handed over to the CBI. This judgement was also reported and the citation is 2024 SCC OnLine Cal 2417.

Þ My Role – Advocate-on-Record for the Enforcement Directorate.

• Drafted legal documents, including motions, briefs, and appeals, ensuring accuracy and adherence to court requirements.
• Maintained detailed records of case progress, including documentation of client interactions, evidence collection, and court filings.
• Attended depositions and court proceedings and prepared summaries on cases.
• Achieved favorable case outcomes by developing strong defense strategies and presenting persuasive arguments in court.

• Others - Extensively worked on several other cases including a few high-profile cases and drafted Petitions, Oppositions, Replies, Written Notes of Arguments, Affidavits etc. Maintained a strong relationship with senior advocates and clients. Was recognized and appreciated by several senior counsels and advocates including the Deputy Solicitor General for my hard work, punctuality, diligence under severe work pressure.

C. Civil Law: Statutes - Code of Civil Procedure, 1908, Contract Law, West Bengal Premises Tenancy Act, 1997.

D. Labour Law - Industrial Disputes Act, 1947.