New Delhi, December 13, 2013 : .The Supreme Court declined Monday to consider a West Bengal government plea challenging the Calcutta High Court’s decision to keep Suvendu Adhikari, a BJP leader, from being arrested in Calcutta High Court cases.
Adhikari had switched to BJP from Trinamool Congress.The bench of Justices D.Y.Justices A.S.Bopanna and Chandrachud noted that the court’s observation was in support of an ad interim stay.The bench clarified that they were not likely to exercise their special powers under Article 136, and said it wouldn’t comment on the merits.
Kalyan Banerjee (senior advocate), counsel for the West Bengal government, claimed that the high court reached a premature conclusion as it assumed that Adhikari was being victimized by filing criminal cases against his name.
In questioning the order of the high court, he said that the blanket order had been passed to prevent any further action and that the state government must get permission from the court before Adhikari is arrested in these cases.
Counsel stressed that, while an order must be reasoned and supported by law, it is not required.
Adhikari, among other charges, was accused of hooliganism and gathering an illegal assembly.He also violated Covid-19 guidelines.
Adhikari had filed a motion to the High Court claiming that the West Bengal government was using the police apparatus by filing six FIRs against his at four police stations.
Counsel for the state government argued vehemently that these complaints could not be deemed malicious because they were filed after he changed to the BJP from Trinamool.
Adhikari’s senior advocate Harish Salve was present before the highest court.He pointed out that Adhikari had been waiting nearly one month for the hearing before any judge of the court.
It seems cruel to suggest that the judge jumped to conclusions after only one month of hearing, he said.
“Dr Dhawan coined the term ‘regime revenge.’ That’s exactly what is happening.He contested against the incumbent Chief Minister and that became a big prestige issue.”.
The high court, in September this year, had observed the state government was attempting to implicate Adhikari by filing criminal cases against him, and granted him interim protection from arrest in six FIRs registered against him.
The top court said it is open for the state to file counter affidavit before the high court and seek expeditious hearing.
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