New Delhi, Sep 2 : The Supreme Court on Friday refused to consider a request made by BJP Suvendu Adhikari, a leader, for the transfer of the petition for election submitted by West Bengal Chief Minister Mamata Banerjee to the state of West Bengal.A bench of Justices D.Y.Chandrachud and Hima Kohli declared: “We will not allow this kind of decision of the high courts.The high court that has authority .should be able to try the case there.”
It said that if it decided to transfer the petition it would suggest that the highest court isn’t having faith in the Calcutta High Court.”If we do transfer this petition, we will be showing a sign of the lack of confidence in the high court in general.”
Senior advocate Harish Salve, who represented Adhikari said that the environment in Kolkata was not conducive to conduct the hearing of the petition for election.
He added that the Chief Minister had sent a letter to the Chief Minister stating that if she opposed a specific judge’s appointment, he was to be exempt from hearing a related issue.
The highest judge was informed that judges that granted relief to Adhikari in related matters had been slammed by the administration of the administration of the state.
However, the bench noted that the supreme court should be in charge of their cases.
Informed that a case was brought against a judge who made directives against the state’s government the bench, not enthused with these arguments, stated that the Chief Justice as well as high court judges possess sufficient powers to ensure a pleasant atmosphere is maintained throughout the hearing in the petition to vote.”Their shoulders are wide enough to be able to deal with the issue,” noted the bench.
Salve claimed that Calcutta High Court judges are also the victims of the excesses of the government and there is no issue with judges.
The bench noted that this there was no basis for the transfer, and also pointed out that the elections of previous PMs have been questioned and the Allahabad High Court heard it.
Salve asked the bench to note that the Chief Justice ensure that security measures are provided.The bench responded that it will accept that the atmosphere is not pleasant and if witnesses throughout the proceedings, show any concern, it could be brought to the attention of the judge.
The bench also added that Salve’s client as well as others who testify in the trial could contact the judge in the connection with the security.
After a lengthy hearing the bench found that Adhikari is seeking to withdraw the petition for transfer and granted him the right to seek the assistance of the judge of the Calcutta High Court presiding over the trial of the petition for election.
In the 2021 Assembly election, Adhikari had defeated Mamata Banerjee by 1,956 votes.In June 2021 Banerjee filed an election petition to the high court, seeking an order that Adhikari’s election from Nandigram to be declared illegal and null.
Adhikari filed an application to the apex court for the transfer of the petition to the electoral court to of West Bengal.
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