New Delhi: The Supreme Court on Monday refused to interfere with a Calcutta High Court order which restrained police from taking any coercive action against leader of opposition Suvendu Adhikari. The BJP leader is involved in criminal cases in West Bengal, including in a CID investigation into the unnatural death of his bodyguard.
A bench comprising Justices D.Y. Chandrachud and A.S. Bopanna, however, asked the High Court to conduct expeditious final disposal of the case.
"This special leave petition has been filed under Article 136 of the Constitution and arises from an interim order of the Calcutta High Court dated September 6, 2021. The single judge has permitted an affidavit in opposition to be filed within four weeks... As of date, West Bengal and the investigating officers are yet to file a reply.
"The observations of the High Court prima facie at this stage are in support of the ad interim stay which have been granted. Since the high court is seized of the issue and this SLP arises from an interlocutory order, we are not inclined to exercise the jurisdiction of this court under Article 136 of the Constitution," the bench said, while clarifying that it has not expressed any opinion on the merits of the case.
Article 136 deals with extraordinary power of the apex court to grant special leave in cases.
At the outset, senior advocate Kalyan Bandhopadhyay, appearing for the WB government, submitted that the state police should be allowed to investigate the entire matter subject to any condition imposed by this court.
He said no case of malafide is made out against Adhikari. "A blanket order is passed such that in future also nothing can be done. The state shall also get leave of the court before arresting the petitioner in such cases. Investigation will reveal the result and the appropriate criminal court can do its job. Complaint has not been made by me. Complaints have been lodged by different persons which discloses an offence, then the police has to register a case or not," he submitted.
He submitted that if he discharged his duty according to the Lalita Kumari judgment and registered a case, how is the law violated.
Senior advocate Anand Grover, appearing for Suparna Kanjilal Chakraborty who is the widow of Adhikari's bodyguard, said the so called death by suicide has not been probed. He said Adhikari should be investigated in the case and there is huge lacunae in the probe.
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Senior advocate Menaka Guruswamy, appearing for the WB government, also sought to argue in the matter.
"The body was found in Adhikari's garage, should he not be a witness? We are not accusing but should he not be called as a witness," Guruswamy asked.
Senior advocate Harish Salve, appearing for Adhikari, submitted that the high court said there is a clear case of malafide.
The high court had asked the BJP leader to cooperate with investigating officers in connection with the two cases in which probe will continue, while making it clear the investigators will, as far as possible, accommodate him, if he is required to give any statement, from a place and time convenient to him, considering his public responsibilities.
PTI
