BSP leader Suvendu Adhikari moves Supreme Court against High Court order allowing FIR
Summary:
- The Supreme Court will hear a plea by BJP leader Suvendu Adhikari against an order of the Calcutta High Court on August 4.
- The High Court had allowed the West Bengal police to register an FIR against Adhikari if an offence was made out.
- A single judge of the High Court had earlier ordered that no FIRs shall be registered against Adhikari and no coercive steps can be taken against him.
- Adhikari had claimed that frivolous cases were being filed against him since he joined the BJP.
- Adhikari has challenged the July 20 order of the division bench of the High Court.
- The bench of Justices SK Kaul and Sudhanshu Dhulia refused to list the plea for hearing on July 31 and scheduled it for August 4.
- The division bench had stated that Adhikari’s arrest or any other coercive action can only be made with the High Court’s permission.
- The High Court clarified that its previous orders did not prevent the registration of any criminal complaint or FIR against Adhikari.
The Supreme Court has announced that it will hear a plea by BJP leader Suvendu Adhikari on August 4. Adhikari is challenging an order of the Calcutta High Court, which granted permission to the West Bengal police to register an FIR against him, if an offence was made out. The High Court’s single judge had previously ordered that no FIRs shall be registered against Adhikari and no coercive steps can be taken against him. Adhikari had claimed that frivolous cases were being filed against him since he joined the BJP.
The division bench of the High Court, on July 20, dealt with a plea alleging that Adhikari had committed an offence under section 153-A of the Indian Penal Code. The bench ordered that the petition should be treated as a complaint to the police authority, who shall carefully examine whether the acts narrated in it disclose any offence. If so, they will register the FIR under section 154 of the Criminal Procedure Code. Adhikari has moved the Supreme Court, challenging this order.
Adhikari’s counsel argued that he is protected by the previous orders of the High Court, which prohibited further FIRs against him. Several FIRs have been registered against Adhikari, and his counsel referred to the July 20 order of the division bench. The Supreme Court bench refused to list the plea for hearing on July 31, as it was already scheduled for August 4. The division bench had stated that Adhikari’s arrest or any other coercive action can only be made with the High Court’s permission.
The High Court clarified that its previous orders did not prevent the registration of any criminal complaint or FIR against Adhikari. The court stated that Adhikari’s immunity from criminal prosecution is equal to that of the President of India or the Governor of a State, as per Article 361 of the Constitution. The Supreme Court had previously refused to interfere with the High Court’s order restraining the police from taking coercive action against Adhikari in criminal cases in West Bengal.
(This news article is based on a syndicated feed and has not been edited by the NDTV staff.)
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