Kolkata, The Calcutta High Court on Tuesday ordered an interim stay of further investigation into 47 FIRs lodged against some BJP workers immediately before and after the Lok Sabha elections in Tamluk in West Bengal's Purba Medinipur district.
The court asked the state government to file its rejoinder on the allegation of malicious intent in filing the complaints against it.
He also said that since the preliminary investigation into the FIRs should have been completed by now as they were lodged almost a month ago, there is no need for the police to investigate the matter further at this stage.
Holding that a decision on the petition can be reached after giving the West Bengal government an opportunity to file an affidavit in opposition expressing its stand on the allegation that the FIRs were lodged with malicious intent, Justice Amrita Sinha directed the state to present its response. to the claims made in the petition within a week.
The petitioners, opposition leader Suvendu Adhikari and nine others, were directed to file their reply opposing the State's rejoinder within a week.
The court directed that the matter be mentioned before it for further hearing immediately after filing of the affidavits.
The petition was filed by Adhikari and the nine others who owed allegiance to the BJP, alleging that 47 FIRs were lodged against these nine saffron party workers at Nandigram police station in Purba Medinipur district in a span of just 40 days, before and after the Lok Sabha. polls in the Tamluk electoral district.
The court noted that the FIRs were registered allegedly on the basis of complaints by one Basir Ahmed.
Considering that the local police should have carried out the necessary preliminary investigation, the court said that the continuation of the investigation will depend on the fate of the petition.
The petitioners' lawyers claimed that the allegations of assault and intimidation by the ruling Trinamool Congress workers were false and were filed with malicious intent due to political rivalry between supporters of the ruling party in the state and the opposition party.
Fearing that they might be arrested in connection with these cases, the petitioners sought quashing of the FIRs or, alternatively, an order for investigation into the complaints by an agency other than the state police.
Representing the State, Advocate General Kishore Dutta submitted that the petitioners' allegations were not true.
He claimed that Adhikari had received protection from the high court in a different petition earlier, hence no FIR can be registered against him without the permission of the court and as such, he is not on the same footing as the other nine petitioners. . against whom FIR was lodged at Nandigram police station.
Dutta also stated that the petitioners had not presented any reason for transferring the investigation to a different agency.
The AG stated that an investigation into the FIRs is underway and there is no case of indiscriminate arrests.
The attorney general informed the court that among the nine petitioners, only one accused has been arrested, while two others are absconding.
The petitioners claimed that the complaints were made just before and after the Lok Sabha elections in Purba Medinipur district and that all of them were due to political rivalries.
The court asked the state government to file its rejoinder on the allegation of malicious intent in filing the complaints against it.
He also said that since the preliminary investigation into the FIRs should have been completed by now as they were lodged almost a month ago, there is no need for the police to investigate the matter further at this stage.
Holding that a decision on the petition can be reached after giving the West Bengal government an opportunity to file an affidavit in opposition expressing its stand on the allegation that the FIRs were lodged with malicious intent, Justice Amrita Sinha directed the state to present its response. to the claims made in the petition within a week.
The petitioners, opposition leader Suvendu Adhikari and nine others, were directed to file their reply opposing the State's rejoinder within a week.
The court directed that the matter be mentioned before it for further hearing immediately after filing of the affidavits.
The petition was filed by Adhikari and the nine others who owed allegiance to the BJP, alleging that 47 FIRs were lodged against these nine saffron party workers at Nandigram police station in Purba Medinipur district in a span of just 40 days, before and after the Lok Sabha. polls in the Tamluk electoral district.
The court noted that the FIRs were registered allegedly on the basis of complaints by one Basir Ahmed.
Considering that the local police should have carried out the necessary preliminary investigation, the court said that the continuation of the investigation will depend on the fate of the petition.
The petitioners' lawyers claimed that the allegations of assault and intimidation by the ruling Trinamool Congress workers were false and were filed with malicious intent due to political rivalry between supporters of the ruling party in the state and the opposition party.
Fearing that they might be arrested in connection with these cases, the petitioners sought quashing of the FIRs or, alternatively, an order for investigation into the complaints by an agency other than the state police.
Representing the State, Advocate General Kishore Dutta submitted that the petitioners' allegations were not true.
He claimed that Adhikari had received protection from the high court in a different petition earlier, hence no FIR can be registered against him without the permission of the court and as such, he is not on the same footing as the other nine petitioners. . against whom FIR was lodged at Nandigram police station.
Dutta also stated that the petitioners had not presented any reason for transferring the investigation to a different agency.
The AG stated that an investigation into the FIRs is underway and there is no case of indiscriminate arrests.
The attorney general informed the court that among the nine petitioners, only one accused has been arrested, while two others are absconding.
The petitioners claimed that the complaints were made just before and after the Lok Sabha elections in Purba Medinipur district and that all of them were due to political rivalries.
