Lawyer Subhrojit Bahaduri filed the PIL claiming that a person who is in jail cannot hold the position of a minister as it is "unconstitutional".

He cannot also perform his duties as a minister from behind the bars, the petitioner said.

Stating that West Bengal Chief Minister Mamata Banerjee has not yet removed Mitra from her cabinet, the petitioner prayed for the court's intervention to direct the state government to remove Mitra.

The minister was arrested on December 12 by the CBI and is under judicial custody.

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