The Supreme Court on Monday did not intervene in a petition filed by the West Bengal government against an interim stay order of the Calcutta High Court that protected BJP leader Suvendu Adhikari from “coercive action” from the police in several criminal cases initiated against him.
A Bench led by Justice D.Y. Chandrachud noted that the Single Judge of the High Court, on September 6, besides staying the probe against Mr. Adhikari, directed the government and the investigating officer to file their affidavits in the case. This was not done, and the State had instead approached the Supreme Court by invoking the top court’s special powers of appeal under Article 136 of the Constitution.
The Bench said it was still open for the State and the investigating officer to file their affidavits in the High Court.
The apex court said the High Court could then expeditiously dispose of the petitions before it.
“The observations of the High Court prima facie at this stage are in support of the ad interim stay which have been granted. Since the High Court is seized of the issue and this SLP arises from an interlocutory order, we are not inclined to exercise the jurisdiction of this court under Article 136 of the Constitution,” the Supreme Court recorded in its short order.
It refrained from expressing any opinion on the merits of the case.
Senior advocate Kalyan Bandhopadhyay, appearing for the State government, sought the lifting of the High Court’s stay order. He submitted that the police should be allowed to investigate the entire matter.
“A blanket order is passed such that in future also nothing can be done... Investigation will reveal the result and the appropriate criminal court can do its job. Complaints have not been made by me. Complaints have been lodged by different persons which discloses an offence, then the police has to register a case or not,” the senior lawyer submitted.
‘Death needs to be probed’
Senior advocate Anand Grover, appearing for Suparna Kanjilal Chakraborty, wife of Mr. Adhikari’s personal security officer, said her husband’s death needed to be probed.
“The government has not done anything. It is true that I made a complaint after the election but the case has not been investigated. This is not political. I am a poor woman. My husband was a security officer,” Mr. Grover submitted.
Senior advocate Harish Salve, appearing for Mr. Adhikari, submitted that the High Court said there was a clear case of mala fide.
The High Court had stayed the proceedings against him in connection with three cases pertaining to the bodyguard’s death, an alleged political clash in Nandigram and a case of snatching lodged in Contai, Nandigram and Panskura police stations respectively in Purba Medinipur district.
