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This is an archive article published on August 5, 2023

SC sets aside Calcutta HC order allowing FIR against Suvendu

Requesting the Chief Justice of the Calcutta HC to hear the petition afresh, the SC said that “to facilitate this, the order dated July 20, 2023, shall stand set aside”.

Suvendu Adhikari, Mamata Banerjee, West Bengal BJP, Trinamool Congress, TMC, West Bengal, Kolkata, Indian Express, current affairsSuvendu Adhikari
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SC sets aside Calcutta HC order allowing FIR against Suvendu
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The Supreme Court on Friday set aside the Calcutta High Court order allowing the registration of FIR against leader of the opposition in the West Bengal Assembly Suvendu Adhikari over remarks made in connection with the violence during the recently held panchayat polls and asked the Chief Justice of the HC to hear the matter afresh,

A three-judge bench presided by Chief Justice of India D Y Chandrachud took note of Adhikari’s submission that the order was passed on the same day it was heard by the HC without giving him a chance to file reply.

The SC bench also comprising Justices J B Pardiwala and Manoj Misra said “in our view, it would have been appropriate for the HC to grant the petitioner some opportunity to file counter affidavit to the petition before issuing interim directions of the nature which effectively grant the relief which has been sought in the petition itself”.

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Requesting the Chief Justice of the Calcutta HC to hear the petition afresh, the SC said that “to facilitate this, the order dated July 20, 2023, shall stand set aside”.

The SC said that the HC CJ “shall be at liberty to pass all appropriate orders in the pending petition after hearing all the objections if any of” Adhikari “ both on the merits and maintainability of the petition”

The HC had on September 6, 2021 and December 8, 2022 passed order directing that no FIRs be registered against Adhikari and no coercive steps be taken against him without the leave of the Court/Friday, the SC said that the HC Chief Justice while hearing the matter “shall not be tramelled by the” two “orders and shall determine what if any relief should be granted in regard to the prayers in the writ petition”.

Adhikari’s lawyer P S Patwalia said the Single Judge of the HC had not even issued notice to him before delivering the order on July 20.  On this, the SC said “at this stage, it is not necessary for this court to express any view on the submission that has been urged on behalf of the petitioner”.

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