SUBHAS DATTA Vs. UNION OF INDIA

JUDGEMENT

(1.) State of West Bengal is suo motu made a party to this proceedings. The Registry is directed to give a copy of the writ petition, counter affidavits and statements filed by the parties to the Standing Counsel for the State of West Bengal. The Ministry of Culture, Government of India is directed to file their response to the affidavit dated 19.12.2012 of Director of Indian Museum, Kolkata. We have perused the affidavit of the Director of Indian Museum. Director, Indian Museum is also personally present in compliance of direction given by this Court on 21.11.2012. Petitioner-in-person is also present. It is stated in paragraph 3 of the affidavit that Buddha Bust is missing from December, 2004 onwards and the matter is now pending investigation with Central Bureau of Investigation (CBI). Reference was made to various cases in paragraph 3 of the affidavit. The Director, Indian Museum, Kolkata is not in a position to tell the present stage of investigation. In such circumstances, Standing Counsel for the CBI would inform the Court with regard to the progress of the investigation relating to cases referred to in paragraph 3 of the affidavit. Counsel for Respondent No. 5 is directed to make available the copy of the affidavit to Standing Counsel for the State of West Bengal and Standing Counsel for the CBI.

(2.) The details regarding verification is given in paragraph 5 of the affidavit, which is as follows:

(3.) The Director, Indian Museum, Kolkata has submitted that due to acute shortage of manpower as well as absence of scholars and experts in the Indian Museum, Kolkata they are finding it extremely difficult to complete the verification which was started as early as in the year 2005. Considering the fact that the verification is going on for last more than seven years without any effective progress, we are inclined to give a direction to the Ministry of Culture, Government of India to look into this matter and to provide resources, persons, scholars and experts and also provide necessary funds so that substantial progress can be made in the matter of verification of above-mentioned items.