After SC declines, Bengal govt moves Calcutta HC division bench for FIR against Adhikari

After failing to get the Supreme Court’s permission on Thursday to file an FIR against Leader of the Opposition Suvendu Adhikari in connection with the death of three people at a blanket distribution programme, the West Bengal government moved the Calcutta High Court challenging an earlier order of its single-judge bench giving him immunity against all past and future FIRs.

As the news came that a division bench of Chief Justice of India D.Y. Chandrachud and Justice P.S. Narasimha refused the requisite permission and instead, asked the state to move the high court’s division bench, counsel for the state government made a verbal plea to the division bench of of Chief Justice Prakash Srivastava and Justice Rajarshi Bharadwaj.

In the verbal plea, the state government’s counsel sought permission to file a petition challenging two orders from single-judge bench of Justice Rajasekhar Mantha on December 8 – the first staying all past 26 FIRs against Adhikari and also restraining the police from filing FIRs without prior permission of the court.

The division bench approved the verbal prayer of the state government counsel and also assured of hearing the matter on a fast-track basis.

On December 12, petitioner, advocate Abu Sohel moved the same division bench challenging the decisions of Justice Mantha. That plea was also admitted.

The state government was represented at the Supreme Court on Thursday by senior advocate and Congress leader Abhishek Manu Singhvi, who learnt that because of the order of Justice Mantha, the state government is unable to file an FIR against Adhikari relating to the stampede deaths at Asansol on Wednesday evening.

20221215-164002

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